[WSBARP] Power of Attorney and Wills

[Jim Doran]

I know what you guys are saying.  That is why I am in doubt even though the
language says ok.  Maybe it would be OK if the Principal was still
competent but unable to do the change because of a logistical problem, or
such.  But is the Principal in now incompetent I have always thought that
the Will cannot be change; too late.

Jim

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


On Wed, Dec 11, 2019 at 9:35 AM Kerry Richards <krichards at lawgate.net>
wrote:

> Dear Jim:
>
> Just how do you know the intents and interests of the demented principal?
> The intent of the agent should not be part of the calculation in my
> estimation. I would be wary. Just sayin”.
>
> *Yours truly,*
>
>
>
> *Kerry A. Richards, Attorney*
>
> [image: cid:image001.png at 01D31B65.31A26710]
>
> *The Law Offices of Michael W. Bugni & Associates, PLLC*
>
> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
>
> *EMAIL:* krichards at lawgate.net
>
> *TEL:* 206-365-5500
>
> *WEB:* www.lawgate.net
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jim Doran
> *Sent:* Wednesday, December 11, 2019 9:13 AM
> *To:* WSBA Real Property Listserv
> *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
>
> www.doranlegal.com
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>
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