Legal Question in Elder Law in Washington

Re: Changing a last will and testament

Ms. Kogut and Ms. Petrey have done a very nice job explaining the answers to the issues you are presenting to you.

All I can add is I hope it helps.

Elizabeth Powell

Re: Changing a last will and testament

Let's first get the language right. Person A, if competent (like your Dad) can give anyone Power of Attorney. The person who has that power is called the Attorney in Fact.

The law of Power of Attorney is found in the Revised Code of Washington, at chapter 11.94 RCW. Here is a link: http://apps.leg.wa.gov/RCW/default.aspx?cite=11.94

To the best of my knowledge, there is no such thing as an irrevocable power of attorney. Therefore, your father can revoke the power of attorney at any time.

As far as executing a will, perhaps the person meant that your Dad had signed it - the words "to execute" means "to sign" in instances dealing with documents - more or less.

Your father, if competent, has the right to change his will every day if he wants to. An Attorney in Fact does not have the right to change a will or to forbid its being changed.

If you let me know what county you're in, I may be able to recommend an attorney for your father to consult and get all of these things straightened out.

Who is the Attorney in Fact? Is it a relative? A friend? Is the person trustworthy?

And who is named as the personal representative in the will? This is the same thing as an "Executor" or "Executrix". It's the person responsible for dealing with your father's estate after his death. Is he or she trustworthy?

These are questions your father should be asking himself.

Merry

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Re: Changing a last will and testament

A few questions I would want answers to:

What is your relationship to your father? Are you caregiving? Is the attorney in fact (also called agent in some POA's) caregiving?

My experience is that caregiving by one sibling is generally a source of friction in these types of affairs and a change of will and other documents sometimes leads to accusations of undue influence.

The other niggling question I would have is, "Does your father for some reason have a guardianship in place?" Earlier this year, the Seattle Times did an excellent series on the guardianship "business" in this state and the difficulties families and those who have been placed under the supervision of a guardian have with gaining access to the records of their estate.

Most POA's require the maker to be incapable of acting before the agent controls the assets. And, most also expressly state that the maker has the right to revoke the POA and the agent designation.