[WSBAPT] Future Gifts and Possible Future Incapacity

[Paul Neumiller]

Listmates (who are still around): Please assume that estate planning client
has capacity to sign estate planning documents at this time.  Client wants
to make future gifts of money to children that will take place in the next
couple of years but I am concerned that she might not have capacity then.
One of the children has a Durable Power of Attorney that is effective
immediately but the child is one of the intended recipients of a gift of
money.  I am hesitant for the child to use the DPOA because it smacks of
self-dealing and breach of fiduciary duty.  Is there some document (or
modification to her revocable trust) that the client can sign now to show a
pattern/intention to make future gift so the child with the DPOA is
relatively safe to make the gifts in the future if necessary.    Thanks for
your ideas and input.  

 

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