[WSBAPT] PC's mother needs a guardian of her person

[Diane J. Kiepe]

HI Ralph,

This is a tough situation but if you are acting under a broad POA for a person who is incapacitated, the agent should be able to call APS/Police and have him removed to the same extent mom could.  If mom is not obviously incapacitated this would be very difficult - and if there is truly a danger the guardianship proceeding still may be the best bet.   Better to act sooner then later in these situations.  I can not tell you how many times I have a disgruntle sibling after a death when action could have been taken during life.

Again, wish you and your client the best,


Diane J. Kiepe

Diane J. Kiepe, Attorney at Law
Douglas * Eden
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
Phone:  (509) 455-5300
Fax:        (509) 455-5348
djkiepe at depdslaw.com



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ralph Maimon
Sent: Friday, October 05, 2018 1:58 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] PC's mother needs a guardian of her person

He has a power of attorney but the problem is that he wants to kick out his problem brother who is now moved in with Mom and getting into her stuff.

Ralph Maimon

Law Office of Ralph Maimon, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911
Fax: (206)462-15


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, October 4, 2018 3:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PC's mother needs a guardian of her person

Typically a Power of Attorney should suffice.  If the power of attorney is so limited as to only include dealing with financial matters a guardianship will be necessary.  Typically a power of attorney is put in place to avoid the guardianship.

Good luck,

Diane J. Kiepe

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ralph Maimon
Sent: Thursday, October 04, 2018 1:57 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] PC's mother needs a guardian of her person

He is already her attorney in fact but he needs to have some control over her daily life.  Who does this work?

Ralph Maimon

Law Office of Ralph Maimon, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911
Fax: (206)462-1505
www.maimonlaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.maimonlaw.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=48uCzqbn0A0fuu0Vx7HiXuyvQSYkBeVAtLY41jGTlHo&m=jEtitKAHwff2yV8M_XQ1EMBwKUCNnFz-jRNsJt9y32s&s=EtSqwqzEI-DY_evsVjTAxzGRUXRZKUbJiYQdFsibYC8&e=>


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