Legal Question in Wills and Trusts in Washington

Legal Guardian

My uncle lives in Washington and I live in Chicago. He has named me to be his representative in his will, however, he had a stroke and is mentally incompetent to make decisions, do I have to use his lawyer in Washington or can I use a lawyer in Chicago to become my uncle's guardian or power of attorney. His lawyer seems to be stringing me along because he owes my uncle money. Please advise. How long does the process take?


Asked on 12/31/08, 12:13 pm

2 Answers from Attorneys
Gregory Turza Law Offices of Gregory P Turza

Re: Legal Guardian

More information needs to be shared. Did he also name you as agent under property power of attorney? Does he name you as agent under his health care POA?

You will need a lawyer in Washington. The one you mentioned has a conflict of interests.

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Answered on 12/31/08, 2:33 pm
Christopher Steuart IT Forensics, Inc.

Re: Legal Guardian

If he did not provide powers of attorney then the next course is a guardianship. The will only designates you to have authority to administer his estate after his death. Appointment of a guardian can be done in a few weeks assuming that there are no objections from other interested persons. Professional guardians charge significant fees for management of an estate or person. If you have a family member or friend who can be the guardian you can save the estate a significant amount of money (i.e. let it operate longer and/or have more to distribute). I represent guardians in guardianship, but I do not act as a guardian.

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Answered on 12/31/08, 7:40 pm


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