[WSBAPT] Query x 3

[Kailei Feeney]

Hi Diane,

To your second point, in my experience, more and more medical professionals are less willing to make what they deem to be a legal determination of capacity. At the start of the pandemic and increased practical difficulty in helping clients communicate with medical professionals (and get a signed piece of paper back out from that medical professional) to activate a standby power of attorney has led me to have the conversation with much younger and healthier clients about making the POA effective immediately.

Kailei
Kailei B. Feeney
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, February 8, 2022 3:02 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Query x 3

Boy the longer I practice, the more things hit me differently.  I am curious today if you would share with me your practice approach (if any) on the following points:


  1.  Drafting Wills and considering the possibility of heirs found via all these new heir find services.
  2.  Your general approach for finding heirs in an intestacy estate - I generally just go based on the petition information as sworn to by my client - maybe that practice is outdated.
  3.  In powers of attorney that are effective upon incapacity, what is your "go-to" language for determining incapacity and if you can share a story or two of seeing it in action effectively or maybe roadblocked (I have had one institution (before the most recent act) say they had to be specifically named to recognize a Power of Attorney).

Thanks all.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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