[WSBARP] Power of Attorney and Wills

[Jim Doran]

That sounds a little fishy to me.  Your suggestion is that by use of the
POA the attorney in fact creates a Trust for the incompetent Principal and
puts the beneficiary designations in the Trust. These designations will be
different than in the Principal's Will.  When the Principal dies the assets
in the Trust are distributed as per the terms of the Trust.

Isn't this the same problem?  The Trust was made when the Principal is
incompetent.

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 9:51 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> 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
>
> www.doranlegal.com
> ***Disclaimer: Please note that RPPT listserv participation is not
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