[WSBARP] Power of Attorney and Wills

[Jim Doran]

Ladies and Gentlemen:

For many years I have used language in the Durable Power of Attorney that
allows the attorney in fact to modify the Principal's  Last Will and
Testament or make a new Will altogether.  However, I have always had my
doubts about that clause.  Now I have a situation where the client wants to
make a new Will for the Principal who is incompetent by virtue of dementia.

Is it valid for the Attorney in Fact to make a new Last Will and Testament
for an incompetent Principal?

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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