[WSBAPT] Question and Possible Referral

[Lewis, Amy C.]

Lynn,

              You can address the incapacity issue in the POA – see RCW 11.125.410.


Amy Lewis, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Wednesday, October 22, 2025 3:27 PM
To: WSBA Probate & Trust listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question and Possible Referral

I have a single mom with two minor children and a long-term chronic drug use problem. Older child's father is living. Youngest child's father is dead.

Children have been in and out of foster care since younger child was born. Foster parents are Mom's cousins.

Mom asked me how to name FP the younger child's guardians if Mom were to die. I said, make a will. Then she asked me how to name FP the younger child's guardians if she were to become incapacitated.

Is there some kind of temporary or standby guardianship contingent on incapacitation? And if there is, would someone like a referral for a will and whatever that second document is? PC is in Gray's Harbor County but gets to Thurston County regularly. And I don't know what the children's current status is with the state, so you might want to be knowledgeable about whether that affects what Mom can do.

Lynn Clare

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