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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101443
Experience:  Lawyer
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My father previously had his lawyer as power of his will. It

Customer Question

Hi, my father previously had his lawyer as power of his will. It was changed last year supposedly to me his daughter. When I read the will it has me as trustee and executor. It dies not say anything about me being power. It only took her 15 min to do up the will and give it to dad. Thinking she's still power of my father's will ?
JA: Have the trust documents been finalized? What are the basic terms?
Customer: What u mean finalized
JA: Estate planning laws vary by state. What state are you in?
Customer: Ontario
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just trying to figure this out, my dad is 81 now and not in good health
Submitted: 2 months ago.
Category: Canada Law
Expert:  Debra replied 2 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 2 months ago.

You are not quite understanding the law.

There are separate documents. One is the Will. It has nothing to do with a Power of Attorney. The Will is only for after your father dies.

Then there are two Power of Attorneys for when your father becomes incompetent. One is for care and one is for finances. If he wants to you to make decisions about his care and finances then he needs to make these documents.

It is not the least bit likely that he appointed his lawyer to make these decisions unless they are close friends and it is not at all likely that a lawyer would agree to that anyone, unless they are close friends.

So you have to find out whether in addition to the Will there are Power of Attorney documents.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 2 months ago.

Is there anything more I can help you with at this point in time?