[WSBAPT] Litigator Help

[Philip N. Jones]

My vote:
The caption (not the masthead) should read Bill Smith, by and through his guardian Sally Stevens.
As for who you represent, that is something you need to establish at the outset of your engagement.  If you were contacted by the guardian and retained by the guardian, then you represent the guardian.  If the protected person has an attorney looking out for the rights of the protected person in the guardianship, then that attorney represents the protected person.  You cannot represent both.  This decision needs to be made before you proceed any further.
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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, August 30, 2023 3:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] FW: Litigator Help

It was suggested to me that I might receive a response if I post this on the probate listserv.


[cid:image001.jpg at 01D9DB56.D2803BF0]



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Monday, August 28, 2023 1:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Litigator Help

I have been asked to bring a UD/ejectment action by a court appointed certified guardian/conservator for the owner of the house.  Long story but need to eject the son from residence who stole from and abused his mother.  Multiple ongoing APS investigations.  1) What does the masthead look like?  I assume it says the owner of the house but is signed by the guardian (as I have done in the past for property managers).  2) Who is my client?  The owner of the house or the guardian?


[cid:image001.jpg at 01D9DB56.D2803BF0]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230830/3e11ecfc/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/20230830/3e11ecfc/image001.jpg>