Legal Question in Wills and Trusts in Kansas

Probate POAs & Wills - Unethical

Is this ethical? Attorney prepares durable POA for senior couple. If spouse dies, the first alternate POA is the attorney who prepared it....there are no other signatures besides the individual and the attorney notarized the individual's signature. Seems improper as there isn't an independent person acknowledging this and seems to ensure the original attorney further legal work. Secondly, can the same attorney who prepared the will be listed as the executor? And can he handle the probate work whether he resigns as executor or not? Have been told by second attorney this is unethical and could be reported to ethics commission. Originating attorney, age 75, says there is nothing improper. It is my understanding originating attorney prepared document in old school format and is not current on law changes.


Asked on 10/12/07, 11:11 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Probate POAs & Wills - Unethical

This scenario happens too frequently. iWhen an attorney acts as notary or witness in a poa designation that names them, it gives the appearance of impropriety and incompetent legal advice. Therefore, most bar associations consider this unethical and improper. Whether it can be undone is a very fact dependent question.

You already have the advice of someoen you call the 2nd attorney. I am assuming they represent you. Therefore, I cannot give you any specific advice, but rather the aboce general opinion on your vague fact pattern.

Good Luck

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Answered on 10/15/07, 11:00 am


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