Legal Question in Wills and Trusts in Washington

I am the oldest of three children and my mother is in her late 70's, what is involved in establishing a power of attorney. her health is failing and we as siblings are beginning to talk about what happens after she passes.


Asked on 1/19/10, 5:35 pm

1 Answer from Attorneys

Ann Sattler Aiken, St. Louis & Siljeg, P.S.

If your mother is still competent, she should talk to an attorney herself. The attorney will represent her and draft a durable power of attorney for her naming her hierarchy of choices for who should serve as her attorney-in-fact. It may be a combined power or she may elect to separate the powers into health for one and finances for another. She should also consult with an attorney regarding her will and any estate planning she has done. It should be reviewed and updated if needed. If she is unable to travel, often elder law attorneys travel to see their clients. It is pretty straightforward as long as she has mental capacity to execute the documents. If she does not, then a guardianship would need to be initiated.

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Answered on 1/25/10, 10:28 am


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