[WSBAPT] Eminent Adult Protective Services Visit

[Paul Neumiller]

I specifically make it clear to both client and new wife that I only represent the client.


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Thursday, August 17, 2023 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Eminent Adult Protective Services Visit

That's a tough question.
If you are not in the room, your client might say something odd.
If you are in the room, APS might think you are a Svengali working on behalf of the evil wife.
Perhaps you should talk to the APS person first and get a sense of how professional/reasonable the APS person is.  If they seem OK, stay out.
Very hard to say.
Do you also represent the wife?  I hope not.
Phil Jones

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

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Thursday, August 17, 2023 10:37 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Eminent Adult Protective Services Visit

Listmates:  Waaaay out of my wheel house.  Recently remarried elderly client meets with me to change his estate planning.  He wants to provide for his new wife (not everything, just a portion of his estate).  Adult children from a previous marriage (and trust babies) from CA have called the local Adult Protective Services and APS want to talk to my client (APS left a business card on my client's front door last night).  Trust babies have an attorney in CA who argues to me that some documents are forged and that my client is senile and that the new wife is taking advantage of my client.  I personally feel the client is competent.  My initial reaction is for the client to meet with APS and answer whatever questions APS has.  APS will probably want to interview my client without the new spouse in the room.  Should I be in the room?


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