[WSBARP] Who is My Client?

[Steve Tubbs]

Isn't the POA a durable power?  If so, then what conditions trigger the right to act when the grantor no longer has capacity?  If properly written, the POA should allow the nephew to act as agent, lack of capacity notwithstanding, IMHO.  Steve Tubbs
On Dec 9, 2014, at 10:18 AM, "Marc Holmes" <marc at holmeslawgroup.com> wrote:

> I agree that the aunt is the real client and the fee agreement should clearly state that and the nephew’s role.  I also insist on meeting the client in person, or at a minimum, speaking to him or her by phone so I can judge for myself the person’s capacity and intentions.  If I have the slightest doubt, pass.
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> Marc Holmes
> Holmes Law Group PLLC
> 808 5th Ave N
> Seattle WA 98109
> HolmesLawGroup.com
> marc at holmeslawgroup.com
> Ofc: 206-357-4224
> Cell: 206-849-0853
>  
> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeanne Dawes
> Sent: Tuesday, December 9, 2014 9:49 AM
> To: WSBA Real Property Listserv
> Subject: Re: [WSBARP] Who is My Client?
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> It appears the nephew is acting as agent for the Aunt, so the Aunt would be your client.  Make sure the POA gives the Nephew the proper authority to do what you need done.  I would disclose to the Nephew that you are representing his Aunt, not him individually.  Engagement Agreement should address DPOA issues.
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> Jeanne
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> Jeanne J. Dawes
> Attorney at Law
> Gore & Grewe, P.S.
> 103 E. Indiana Avenue, Suite A
> Spokane, WA 99207-2317
> Voice:  509-326-7500
> Fax:      509-326-7503
> jjdawes at goregrewe.com
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL. 
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> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
> Sent: Tuesday, December 09, 2014 9:42 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Who is My Client?
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> Never really had this situation before.  Aunt is 96 years old and owns a mobile home park.  Nephew (and only heir) comes to me to help evict many meth-heads, etc.  Nephew has Aunt’s full DPOA effective immediately.  Who is my client?  The Aunt, by and through the Nephew, or is the Nephew my client, as the attorney in fact for his Aunt?  For purposes of the unlawful detainer actions, I believe I have to file on behalf of the Aunt because she owns the property and, so, has standing.  I would then have the Nephew sign everything for her, under her name.  I just feel a little uncomfortable acting completely using the DPOA.  Thanks for your guidance.  Paul Neumiller
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