[WSBAPT] Slightly off topic question about CIR

[Randolph Petgrave]

Thank you all for your input.  Much appreciated.

ROP

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Monday, October 8, 2018 10:13 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Slightly off topic question about CIR

This is a great question.  Boy real life is nothing like black letter law sometimes.  

The first thing I would do is get a very clear understanding of the agent's powers under the POA then satisfy myself that the Will is valid.  The next thing I would do is check their history of sharing expenses and other factors of the relationship such as did he support her all along, does the POA give her unfettered rights to make gifts to her,  is she only selling his property, do they have common accounts that would be better used first, etc. etc..  If you satisfy yourself that the agent's powers are broad enough to continue to justify liquidation of property to cover care outside the home and still carry his share of expenses inside the home I would personally feel comfortable continuing the patterns that existed in their relationship, keeping very detailed records.  Ultimately, if the Will is valid she is the only person who has standing to complain so I wouldn't loose a lot of sleep once I checked the boxes.

Also, I would use the proceeds to pay his separate care expenses before she starts taking care of herself from the proceeds to the extent she can.

Best Regards to you and your client,

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






-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto: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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