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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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The law firm who typed up and codified my fathers will and

Customer Question

The law firm who typed up and codified my fathers will and estate, before he entered the hospital for aortic valve replacement had my wife, a physician sign the MED POA before hand but they did not not have temp POA SIGNED OVER TO THE SIBLING HE HAD CHOSEN.
He still practices veterinary medicine and has a business that was open until the day before he entered for the AVR THAT HAD SEVERE BAD SIDE EFFECTS AND HE IS STILL RECOVERING IN THE CARDIAC INTENSIVE UNIT EVER SINCE THE June 24th surgery.
His business is closed to clientele but he has two women working everyday to keep 16 stray cats and 8 abandoned dogs alive.
The sibling, my sister, assumed responsibility of this on her own.
Did the law firm mess up by getting medical POA before elective surgery but not temporary POA FOR MY SISTER TO LEGALLY TAKE OVER IN CASE THE SURGERY HAD COMPLICATIONS.
HE is 86 so that's old for AVR surgery as far as strokes, etc.
all that was done beforehand was to have my father sign a few weeks worth of pay checks.
Why not give temp POA to the sibling he had designated if they did it as an obvious course of action for medical POA BEFOREHAND.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed Pennsylvania professional and will be happy to assist you with your concerns. To answer directly: Did the law firm mess up by getting medical POA before elective surgery but not temporary POA FOR MY SISTER TO LEGALLY TAKE OVER IN CASE THE SURGERY HAD COMPLICATIONSImpossible to say at least so far based on the facts. If your father was competent and coherent, and more importantly, refused the temporary POA as many clients do, the firm is not at fault. If you have evidence that your father requested such forms but was denied then yes, the firm can be liable for negligence. But ultimately a POA is an elective document, not a required one, and that is really key--while ethical probate attorneys suggest it, we cannot demand it if the client does not wish to create one for him. In addition, and in this case only the attorney and the principal (your father) would know, but perhaps he made a change and did not wish to extend the same rights as he did in the past, and as a POA can be revoked or amended, perhaps this was by choice. Sincerely, ***** *****