[WSBARP] Power of Attorney and Wills

[Jeff Davis]

It is rare to allow an Agent to change the Principal’s estate plan, although I have seen DPOA’s allowing such action.  The question is, if you can share, what is the purported reason for the change?  Will the Agent benefit from any new Will.  If yes, I would decline to make any changes.   This just screams of a lawsuit by other heirs.

 

Jeff

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Wednesday, December 11, 2019 9:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Power of Attorney and Wills

 

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 <mailto:jim at doranlegal.com> 

www.doranlegal.com <http://www.doranlegal.com> 

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