[WSBAPT] Guardian ad Litem needed?

[Dewey Weddle]

Kristina,

I think you should trust your gut with respect to appointment of a GAL for the incapacitated beneficiaries.  I could be wrong, but I think RCW 11.76.080 requires it.  As regards whether to fund the SNT, I think the safe move is to ask the Court to reform the Will to dispense with that requirement, but still have the money placed in a Trust for the beneficiaries.  Guardianship is not necessary if there are less restrictive alternatives, and with respect to finances, a Trust is a less restrictive alternative.  With respect to guardianship of the person, if relatives can help the sons without doctors asking for a POA or Letters of Guardianship, then I would not address it until the need arises.  (If it ain't broke, don't fix it.)


Best,


Dewey ​​


Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221


Telephone: 360-293-3600

Fax 360-293-3700



________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Kristina Driessen <kristina at rdattys.comcastbiz.net>
Sent: Thursday, March 25, 2021 10:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guardian ad Litem needed?


Scenario: Decedent/ Father died with a Will. The Will contains a SNT and a lay person trustee.  All assets go to two adult children who are in their 70’s, equally. After the Will was drafted the Father took both adult kids off of state/federal services and simply paid out of pocket for their needs.  The two adult children are now receiving Medicare.



The SNT contains all the required language about not being used to provide basic food, clothing, shelter etc., but then states, unless all local, state and federal benefits for which the beneficiary is eligible has first been fully expended.



The two adult children are clearly unable to care for themselves and no one has been appointed guardian. There appears to be enough sums to care for the duration of their lives. I understand that ultimately a guardian should be appointed, but while family is helping with the care, there is zero interest in petitioning.



In the Probate what is the best course: Reform the Will to provide for a non SNT, use the existing language to simply place into a non SNT Trust?



Does a GAL need to be appointed?



My gut says yes to the GAL(s), but I do not want to open a can of worms, if there is no requirement to do so.



Thanks in advance.







Kristina A. Driessen

“A” Street Legal Services, Inc. P.S

Attorneys at Law

16 A Street SE

Auburn, WA. 98002

(253) 939-0811

(253) 939-0471 fax

astreetlegalservices.com

kristina at rdattys.comcastbiz.net



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