[WSBAPT] Eminent Adult Protective Services Visit

[Bruce Moen]

Agree with Phil that this is a delicate issue for the reasons expressed.

I lean toward counsel being present because you won't be provided a copy of the APS Report until subpoenaed in litigation which is inevitable.

The question is whether you want to be that lawyer. There will be litigation and you could become a potential witness to impeach the APS conclusions. You will also be a witness to defend the likely Will contest.

You will be attacked in a later deposition or trial  and, as Phil says, cannot have represented the spouse.  Road kill if you do. You cannot be in a position where the spouse can testify that she had any reasonable impression that you were representing both.

About five years ago, I sat in such an interview with an APS person and a Detective from the local law enforcement conducting a joint interview of my elderly client.  I positioned myself behind the two questioners but with eye contact to my client. I was very quiet to avoid an argument that I was influential in the interview.  Twice I asked the police detective to rephrase the question, otherwise radio silence. Luckily for my client (and me,) he really delivered the goods and both investigations were dropped.

When I was young, I had many GAL appointments.  Occasionally, I had a lawyer show up at the GAL interview. I never objected. The lawyer would proceed pretty much as I described above for my client.

Lots to ponder prior to making your move.

Good luck.

  Bruce Moen
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Sent: Thursday, August 17, 2023 10:36 AM
To: WSBA Probate & Trust Listserv <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?





[cid:image001.jpg at 01D9D0F5.FE0B5220]




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230817/6e94c0f0/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230817/6e94c0f0/image001.jpg>