Estate Law Questions? Ask an Estate Lawyer.
I have a few questions. Who retained the attorney? Is the attorney the also the trustee? Does the Trust make reference to the attorney? Do you have a copy of the trust?
From the facts you provide, it is hard for me to understand why the attorney is claiming your Father cannot choose another attorney. Has your Father attempted to speak with a local attorney about the issue?
There would be nothing that I know of that would prevent your Father from switching attorneys. As for the trust, once the first spouse does, the trust usually is irrevocable and cannot be changed. This does not mean it cannot be changed for some reason such as it is not viable any longer or does not meet with the original intent, but to change it or to take the money out of it to put in a new trust may need court approval. As to whether you can attend the meeting, it would be up to your Father whether he wanted you to attend the meeting. But the attorney would have a right to decline meeting you. In that case, your Father may want to hire another attorney. It may be best to set up an in person consultation with an attorney. Not sure how the new trust was written. It's hard without seeing all the papers and getting into the details. If your Father does not speak English, possibly you can get an independent interpreter for him.
So you are you saying that your Father is not the Trustee of the trust? But your sister is the trustee?
Oh my. If your sister is the trustee, then that is why the attorney is saying that your Father cannot change the trust; or change the attorney. The attorney is your sister's attorney, not your Father's attorney. That makes more sense now. Unfortunately, the only way you would be able to remove your sister as trustee is to become the guardian of your Father and on his behalf. Or your Father would have to hire his own attorney to protect his rights if your sister is breaching her fiduciary duty.