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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 33056
Experience:  30 years experience in the practice of estate law.
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Mom has dementia and I am her POA...her lawyer basically

Customer Question

Mom has dementia and I am her POA...her lawyer basically said he will no longer work on her case because I disagreed with how he drew up her trust in 2009. Now the office and he are giving me and mom a hard time getting her original will. They hang up, tell me he's busy, not in, very busy and I never get a call back. When I say I will bring mom in next week to get the will they say they can't promise they can give it to her or me because the attorney has to approve it. The on,y advice I got from the consumer complaints and bar association was to file a complaint. Any advice is appreciated.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
Your right to review the will is debatable or, at least subject to limitations. A POA is not the same as a guardianship. The POA allows you to act in the name of your mother, subject to any limitations in the actual document, but you may not, under the authority of a POA, revoke, change or sign a last will on your mother's behalf.
So, as far as forcing the law firm to give you her will, the firm may have some basis in law to requiring the direction or consent of your mother to release it to you. If they refuse to give it to your mother she may have a claim for malpractice or, as you were advised, a disciplinary complaint.
Best regards.
Loren