[WSBAPT] Eminent Adult Protective Services Visit

[Rebecca King]

Your client also has the right to not participate in the interview.  From the Washington Law Help website (https://www.washingtonlawhelp.org/resource/aps-investigations-and-findings#:~:text=An%20APS%20investigator%20will%20make,bank%20and%20other%20financial%20documents):

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Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, August 17, 2023 4:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Eminent Adult Protective Services Visit

Got it.  Thank you.


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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 Philip N. Jones
Sent: Thursday, August 17, 2023 2:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Eminent Adult Protective Services Visit

More than ten years ago, Jim Cartwright and I wrote an article on how to take steps during the planning process to avoid will contests after the client dies.  The article was written under Oregon law, but I believe it is still valid and much of it would apply to the situation described in this string.  Here is the link to that article:

Up Time Technology has detected a possible fraud attempt from "estateplanning.osbar.org" claiming to be Est_2011Oct.pdf (osbar.org)<https://estateplanning.osbar.org/files/2015/05/Est_2011Oct.pdf>

If the link doesn't work, just run a search on the Oregon State Bar Estate Planning and Administration Section Newsletter, October 2011 issue.  I don't think you need to be a member of the OSB to access it.

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 2:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Eminent Adult Protective Services Visit

Thanks to all who respond, on and off-line.


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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 Philip N. Jones
Sent: Thursday, August 17, 2023 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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