[WSBAPT] Eminent Adult Protective Services Visit

[Roger Hawkes]

Which reminds me: I doubt that very many clients understand complex wills, or even simple wills.  What is our obligation to ensure such understanding?

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Thursday, August 17, 2023 5:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Eminent Adult Protective Services Visit

A video is a very risky proposition.  It could easily backfire.  If the client is competent, it isn't needed.  If the client is less than competent, anything could happen.
Phil Jones

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
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 Rebecca King <rebecca at nwelg.com<mailto:rebecca at nwelg.com>>
Sent: Thursday, August 17, 2023 4:40:41 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


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



CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.



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 4:24 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



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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