[WSBARP] Power of Attorney and Wills

[Jim Doran]

Ah, now that is an interesting idea.  Beneficiary designations.

In general I think we are going to be very conservative and not change the
Will; it is too late.

Thanks everyone.

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


On Wed, Dec 11, 2019 at 10:13 AM Cyrus Field <cyfield at rockisland.com> wrote:

> As I recall pursuant to old statutes, agent under POA for F did not have
> authority to change Will despite what document said. However, agent could
> possibly change beneficiaries  on retirement accounts, create a RLT, etc.
> Not sure if anything changed when the POA statutes were revised a few years
> ago but I would proceed with caution. Good luck, Cy
>
>
>
> *Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)*
>
> *phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640
> Mullis St. Friday Harbor, WA*
>
> ******************************************************************
>
> The information contained in this e-mail message, including attachments,
> may be privileged, confidential and protected from disclosure. If you are
> not the intended recipient, any dissemination, distribution or copying is
> strictly prohibited. If you think you have received this e-mail in error,
> please e-mail the sender at cyfield at rockisland.com and destroy or delete
> the original and any copies.
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jeff Davis
> *Sent:* Wednesday, December 11, 2019 9:27 AM
> *To:* 'WSBA Real Property Listserv'
> *Subject:* Re: [WSBARP] Power of Attorney and Wills
>
>
>
> 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
>
> www.doranlegal.com
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191211/786889a2/attachment.html>