[WSBAPT] Ethics and Representation

[Philip N. Jones]

This comes up all the time, even if you have not represented Son on an unrelated matter.  There are several approaches.  
One approach is to advise Son, but do so as Mom's attorney.  In other words, instruct Son in a manner that is in Mom's best interests.  But emphasize you are not Son's attorney with respect to this matter.  Some attorneys are not comfortable with this because Mom is not competent to instruct the attorney.  I think that is too conservative.  We all know what Mom wanted Son to do with the POA:  Pay bills.
The second approach is to become Son's attorney, while still representing Mom. This is usually not a problem.  After all, a conflict is not present unless a conflict is present.  If Son wants to pay Mom's bills, where is the conflict?  But if Son wants to make gifts to Son to the exclusion of Daughter, you got yourself a conflict and you might need to resign, maybe even resign from both Mom and Son.  But until you come to that point, you ain't got no conflict.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, January 8, 2021 10:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Ethics and Representation

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.