LEO: Attorney as Residual Legatee and Guardian  LE Op. 932

 

Attorney as Residual Legatee and Guardian for Incompetent.

 

June 11, 1987

 

An attorney was named as residual legatee and given power of attorney by

the testator which does not terminate upon incapacity for an individual

who has since been declared incompetent. After full disclosure of his

position as residual legatee to the judge, the guardian and the heirs of

the incompetent, the attorney was appointed as committee of the

incompetent. It is not improper, given the above, for the attorney to

continue in this capacity as long as he can exercise his professional

judgment on behalf of the incompetent without being affected by his

personal interests. [ DR:5-101(A)]

 

Committee Opinion June 11, 1987