[WSBAPT] POA silent on gifting

[Krista MacLaren]

Hi Folks,

My question today is whether a POA that is silent on the topic of gifting can be relied upon to gift (to the Agent and his brother) for the purpose of bringing an estate that is hovering over the WA exemption amount under it, so as to avoid funding a credit shelter trust.  The surviving spouse lives off of her income so it should not waste assets that she might need.  The only people involved are the surviving spouse who has advanced dementia, and her two sons who get along and have her best interests in mind, and are the eventual beneficiaries of her estate.

The POA does authorize “transfers” for the purpose of qualifying the principal for Medicaid, but it is silent on the opposite scenario.

I appreciate you all so much and appreciate you taking the time to respond.


Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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