[WSBAPT] Ethics and Representation

Paul Neumiller pneumiller at hotmail.com
Fri Jan 8 10:56:38 PST 2021


Listmates, about 5 years ago I prepared an estate planning package for mom listing son as agent under the DPOA for health care decisions.  I, later, did unrelated work for son and son's wife under my California license.  Now, mom is advancing in years (92) and needs to go into a dependent care facility.  I am told by son that all parties are amenable to this result, including mom.  Son is now calling me and inquiring as to son's "duties and obligations" under the DPOA for HC and "what are mom's rights."  I feel uncomfortable.  Should I send son away to another local attorney to answer son's questions?  Do I have a conflict of interest in advising son responsibilities about mom's care when I also represented mom and I prepared the DPOA?  Thanks for your input and keeping me out of ethics jail.

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