[WSBAPT] POA or Guardianship (and possible referral)

[Inge Fordham]

Colleagues,

I was contacted by a potential client who is looking to list her aunt’s house for sale.  The aunt has dementia (though I am not clear how far it has progressed).  The aunt has been in contact with a local realtor for over a year about listing the house so this is not unexpected or strange.  She has no surviving relatives aside from the niece.  The niece would be the designated attorney in fact.  I am trying to evaluate whether the aunt has the capacity to execute a durable power of attorney, or if a guardianship is more appropriate.  Two questions:

  1.  My standard practice is to have a power of attorney notarized but not necessarily witnessed (per RCW 11.125.050).  Given that the aunt has dementia, provided she has the requisite capacity to execute a power of attorney (which I will confirm), I feel it would be prudent to include something in addition to a notary seal.  Would you go as far as to obtain a doctor’s note stating that the principal has capacity to execute legal documents?
  2.  If a guardianship is necessary, I will refer this out.  Please let me know if you have a referral (self-referrals are welcome).

Thank you!

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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