[WSBARP] Power of Attorney and Wills

[Bryce Dille]

I don’t think so if you read the Will statute and that power is not specifically given in the POA statute but on behalf of the party under appropriate POA  you can create a trust and convey property into the trust and use the trust provisions to govern the distribution of property when party dies.

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>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191211/79af02f2/attachment.html>