[WSBAPT] DPA amending Will

[Lewis, Amy C.]

Josh,

                Under existing RCW 11.94.050, POA does not have power to make or change a Will.  I’m not sure if this is addressed differently in our new POA statutes that take effect in January.


Amy C. Lewis, Attorney

[cid:logo56e9d2]

ESTATE PLANNING & PROBATE

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, October 06, 2016 1:48 PM
To: wsbar trust
Subject: [WSBAPT] DPA amending Will

I have a client who appointed son as P of A under a DPA.  It specifically includes the power “to the extent permitted by Washington law,” to make, amend alter or revoke the Principal’s LW&T.  Son now wants to sign a new will for mom under this power.  No change in beneficiaries, but the two adult kids (who now don’t get along) were named as co-PR’s originally, and now Son want’s to be sole PR.
Mom is probably not competent.

To what extent, if at all, does Washington law permit this?

All through the years I have always represented Mom.  I am thinking , even if this is allowed, that I should say “I can’t help you, because I had represented Mom when she put provided for co-pr’s and you will need a different attorney to change this”.

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

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