[WSBAPT] Referral: Likely Power of Attorney Litigation

[Diane J. Kiepe]

Hi David,

While she is waiting to find her representative, if the power of attorney only went to daughter because she was absent (i.e. while she is unable and unwilling to serve cousin serves), she should immediately call each financial institution and perhaps even write that she believes in good faith that she is the proper attorney-in-fact.  Of course make sure that is consistent with the POA. But at least if there is something fishy going on it may slow it down.

Best of luck – sounds like a guardianship proceeding should be started.


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 David Faber
Sent: Wednesday, October 17, 2018 1:07 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Referral: Likely Power of Attorney Litigation

I'm looking to refer out a potential client for litigation on a Power of Attorney. PC is the daughter of a woman with advancing early-onset dementia (I believe the mother is in her earlyish 60s). Daughter was named agent in POA with Mom's cousin as secondary. Daughter was out of the country for a while and cousin took over as agent during that time but now refuses to grant authority back to daughter, and daughter is worried that mom's money is being misused.

Preferable referral would be in Clallam, Jefferson, or Kitsap Counties. Self-referrals are acceptable.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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