In re Disciplinary Proceeding Against Eugster

In 2003, John and Marian Stead executed an estate plan that favored their son, Roger Samuels, and his daughter. Later in 2003, Marian hired an attorney to remove Roger as the beneficiary on a life-insurance policy. Upset, Roger hired a psychologist to assess Marian’s testamentary capacity. The psychologist deemed her mentally competent. When John died in early 2004, Roger was the personal representative of John’s estate and the trustee of a newly established trust for Marian’s support, giving Roger significant control over Marian’s finances. Eighty-seven-year-old Marian felt Roger was denying her funds to preserve the amount that would pass to himself and his daughter upon Marian’s death. Marian hired attorney Stephen Eugster (defendant) to revise her estate plan. Eugster created a revocable living trust with Marian as trustee, and Marian executed a power of attorney appointing Eugster to act as her agent. However, after meeting with Roger in July 2004, Eugster told Marian that Roger was acting in her interests and that she should rethink her decisions. Marian hired a new attorney who contacted Eugster to revoke the power of attorney and inform him that he was fired. Eugster promptly petitioned to have a guardian appointed for Marian. In the petition, Eugster claimed Marian was unable to manage her person and estate and had a delusional mistrust of Roger. A guardian ad litem evaluated Marian, finding her mentally competent. Eugster then withdrew the guardianship petition, but Marian had spent $13,500 defending herself. The Washington State Bar Association (plaintiff) charged Eugster with attorney misconduct based on his having filed a guardian petition without conducting any investigation into Marian’s competency. Eugster claimed that the petition was based on his honest, if subjective, beliefs about Marian’s mental state. The bar found that argument insufficient and disbarred Eugster, who had no prior citations for misconduct. Eugster appealed.