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My mother was just recently had a stroke and is a nursing home she is on Medicare. After looking through my mother's paper's we found her living will durably Power of Attorney given to my sister. There was a letter from an Attorney that said he was keeping her Will. We have the copy of the power of attorney but do not have a copy of her will. My sister called the Attorney about 2 weeks ago and he never called her back. I also called twice and left a message on voice mail with no call back. He does not have an office or secretary. Finally after several call's my sister got in touch with him and asked him for the copy of the will and the power of attorney. He said you have to send me the request in writing with the copy of the power of attorney.( which he has the original Will, power of attorney and living will).He told us we can get the power of attorney letter but not see the will That he said it was not in my mother's best interest for us to see it. At this time my mother is in critical shape and may not make it many more days. We spoke to my mother's friend and she said she thinks the attorney is the executor of the will. Is it ethical for this attorney to have his mother (Director of Elderly services at the senior center refer clients to him from the senior center?) My mother never used this lawyer before this. My sister and I are wondering now what he put in the will. Can the Attorney with hold the will from the Durable power of attorney. I thought as long as my mother is alive my sister the power of attorney has all rights?Also, this attorney only does house calls he has no office.
Optional Information: Country relating to Question: United States State (if USA): Connecticut Already Tried: we have tried contacting the attorney
Welcome and thank you for your question!I am sorry to learn of these family circumstances. It's important to understand, and this may make some things more clear, that the degree and extent of the power of attorney depends upon the exact language that was used in the power of attorney document.For example, a power of attorney document may only give a person the authority to sell a car. The power of attorney document may give the power to open up a bank account but not write checks. The power of attorney document may give the power to write checks but to not write checks over $5,000, etc.So, the first thing your sister has to do is get a copy of the power of attorney document. Once she has that, then she can see exactly what her authority is.Now, it's possible for your sister (or anyone) to basically ignore the attorney and just go to court and seek an order to become your mom's guardian and conservator. That means, via court order, the person is now in charge of your mom's health care and financial affairs. That person cannot change the will. No one can change the will unless one goes to court to contest it (but, honestly, that's for a different time after your mom has passed).It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
My sister has full power of attorney we have the copy of this form. The attorney will not give us or show us the Will. Can my sister get it from him since she's power of attorney? Is it ethical that this lawyer gets clients through his mother at the towns Elder services?
You have to review the power of attorney document to see if it gives her the authority to access the will. The extent of her power is limited to what's included in the power of attorney document.As a general matter, yes, it is ethical for the attorney to receive referrals from family members. It happens all of the time in all professions. No one forced your mother to use this attorney.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
The Durable Power Of Attorney is a standard form she did not check off any limits. It does say authorizes estate transaction. The Lawyer's mother is paid by the Town to advise senior citizens. I don't think to she should refer elderly people to her son the attorney.
Thank you. Then your sister is within her rights/authority to ask the attorney for a copy of your mother's file (that would include the will).I understand why you don't like the way the attorney obtained the referral. I entirely understand and personally agree with you. That is a matter that your family is free to take up with the town council at their next public meeting at the hearing of the public. You are more than free to express your opinion on that practice.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.
Thank you for the recent opportunity to be of assistance with your information needs.It means a great deal to me that you chose JustAnswer as your information resource.I hope that we continue to earn your trust and confidence when you seek information in the future.Best wishes and, thanks again.~~ J.B.