[WSBAPT] Disclaimer of Interest by DPOA

[Inge Fordham]

Thanks to colleagues who have responded to point out that a disclaimer may disqualify the applicant from Medicaid.  I think the prudent approach would be to point the family to an attorney or financial planner who is familiar with the ins and outs of Medicaid.  Anyone know who I might direct them to?

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: Inge Fordham <inge at fordhamlegal.com>
Date: Thursday, August 31, 2023 at 11:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Disclaimer of Interest by DPOA
Colleagues,

A PC contacted me about her grandmother’s estate, which she believed was comprised primarily of real property in Pierce County.  Upon reviewing the Auditor’s records, I discovered a TODD that transfers the property to PC’s mom upon grandma’s death.  PC’s mom has advanced Alzheimer’s.  The family is concerned that if mom accepts title to the property, it will negatively affect her ability to qualify for Medicaid assistance.  I understand that mom can disclaim her interest in grandma’s estate.  If mom disclaims, grandma’s will instructs that her estate be split between PC and her brother.  Mom does not have a legal guardian appointed.  She signed a durable power of attorney (prior to diagnosis, while she still had capacity) appointing her husband, PC, and PC’s brothers as attorneys-in-fact.  Each attorney-in-fact has authority to act independently of the other two.  Assuming the DPOA specifically authorizes an attorney-in-fact to disclaim the principal’s interest in an estate (which I still need to confirm), would you have any concern over having mom’s husband execute the disclaimer as mom’s attorney-in-fact, so grandma’s estate would transfer to PC and her brother?  Mom’s husband doesn’t benefit from the disclaimer so it wouldn’t be a self-interested transaction.

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
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