[WSBAPT] DPOA Unraveling

[Terry Gobel]

A couple of years ago, a client signed an estate plan, including a springing DPOA. Recently, her son, who she named as AIF, contacted me and said she was hospitalized with a serious condition and her mental state had deteriorated to the point where he needed to step in under the DPOA. I told him to get a letter from the attending physician with that clinical determination. He did that and sent me a signed and dated letter from his mother's physician that stated she could no longer made decisions for herself in her best interests. Then, about a month later, the client called me to say that her son was meddling in her life and trying to take over and she wanted me to intervene. Then, she handed the phone over to her sister, but I told her that I could not help her. The son, then reached out and said his sister, who had been estranged from his mother for many years, suddenly appeared in the mother's life and was trying to undo the estate plan. A few days ago, the sister (formerly estranged daughter of my client) emailed me a revocation of POA written up on a Bank of America form and a newly notarized POA signed by my former client.

I don't know who is on "first" here, but I know the physician and trust his assessment. What should I do? What should I not do?

Very truly yours,
Terry D. Gobel, J.D.
Gobel Law Office, PLLC
421 W. Riverside Avenue, Suite 908
Spokane, Washington 99201
(509) 624-4102
          624-4115 (fax)
www.attorneyinspokane.com<http://www.attorneyinspokane.com>

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