Legal Question in Elder Law in Washington

Lack of Capacity - Signing of POA

Who should family members contact if they feel their brother lacked the mental capacity to review and sign 12 pages of legal documents (DPOA) in which the attorney involved was hired by his girlfriend, she is the attorney-in-fact of the DPOA and 3 days later they are married? My brother is recovering from a stroke, and surgery to remove a brain tumor and anuerism. The 2 wks prior to his signing of these docs and his marriage he was in the emergency room 4 times for chest pains. He was in Rehab and on a feeding tube and now the new wife has moved him to a nursing home.

The family thinks she talked him into marrying her by getting him on her medical insurance through her work. He has assets - she does not. He was recently discharged from a weeks hospital stay and placed in a nursing home and she did not advise friends or family members as to his whereabouts.


Asked on 9/11/07, 10:12 pm

2 Answers from Attorneys
Merry Kogut Key Peninsula Law

Re: Lack of Capacity - Signing of POA

First thing Wednesday morning, call Adult Protective Services. They have a toll-free number. It used to be 1-800-endharm and may still be.

And contact me about starting a guardianshiip action. I'll be out part of Wednesday but can respond to your email in the late afternoon.

Merry Kogut

[email protected]

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Answered on 9/12/07, 12:11 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Lack of Capacity - Signing of POA

Merry got the answer just right - I second her approach. She's got valuable experience dealing with situations like this.

There is a lot of caselaw on undue influence, this is not the only person to whom this has happened. Hope it works out for you and for your brother.

Elizabeth Powell

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Answered on 9/12/07, 1:18 am


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