Seattle, WA asked in Estate Planning and Elder Law for Kansas

Q: Can my mother's grandson be her attorney on her will?

He set up his mother, my sister, as the power of attorney and I'm not sure what it covers other than her medical, yet she manages her finances, as well. There may be future issues regarding the will so I'm concerned that this representation will be biased.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: It is not an 'inherent' conflict of interest for a lawyer to represent a blood relative. But what you ask depends on facts you don't provide -- what will the will say?

For example, I drafted my parents will which provided that as a secondary beneficiary (after them) I received an equal share of their estate with my siblings. IF they had wanted ME to get everything and cut out one of my siblings I would have suggested they have a different attorney prepare the will because that WOULD have caused issues.

No, so long as the grandson is a licensed attorney it is not 'wrong' for him to do this, but there are concerns that he will (ideally) manage.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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