[WSBAPT] Slightly off topic question about CIR

Tom Westbrook tjw at w3net.net
Sat Oct 6 09:22:03 PDT 2018


Randy,

Does the DPOA give her authority to make gifts in keeping with his most
current LWT and estate plan?

If so, can't she follow that instruction from him?

I can see where his "estranged children" would likely challenge it depending
upon how "estranged" they are. Maybe someone else on the list has seen a
case on this for better instruction. If so, I'd love to see it.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law



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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Randolph Petgrave
Sent: Saturday, October 06, 2018 5:48 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Slightly off topic question about CIR

List mates, new paragraph I have a slightly off-topic question about
committed intimate relationships. Potential client (elderly) has been in a
committed intimate relationship, and her partner needs full-time care in an
assisted living facility due to Alzheimer’s. She is the attorney in fact
both for financial and medical decisions, as well as the sole beneficiary
under his will.

After she finds a suitable care facility for her partner, (which will be
paid for under long term care insurance), what are her rights and abilities
to dispose of his separate real property and use proceeds to provide for her
own support?

(He has some estranged children that she is concerned might try getting
involved).

Thanks in advance for your thoughts.

Regards,
Randy

Sent from my iPhone

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