• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Changes to Estate Planning Docs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lljnapa

Guest
Maryland.
My father is 91 and married and has developed what he calls a "close friendship" with a woman who lives in the retirement community where my parents live. This has been going on for almost 4 years now. He feels absolutely no guilt or remorse about how this relationship is affecting the rest of the family, much less his wife (my mother).
My brother who lives nearby (compared to my 3,000 miles to the west) came across a bill from an attorney for a 2-hour conference with my father and his "friend" regarding Estate Planning! What changes were made, we do not yet know, but it does not sit well that this woman was made privvy to this information.
My question is, if changes were made to his Estate documents, is there any way for us to block or deny this woman benefitting from her relationship with my father? She is nothing but a gold-digger, but I do not know how to put an end to this.
My father is becoming more and more forgetful and sloppy about his finances, and she is clearly taking advantage of his failing mental state.
What action should we (my brother and/or I) take to gain control of this situation?
Please help. Time is of the essence.
Thank you!
 


ALawyer

Senior Member
I am not sure if anything can be done, except to have your mother file for divorce or to be custodian. BUT a lawyer in your father's locale may be able to have another approach.
 
L

lljnapa

Guest
Thanks for your reply, AL.
My mother won't even entertain the thought of divorce, so that's out.
My brother is going to try to get Power of Attorney over my dad and his finances this week. What exactly will this allow him to do? If my brother does have POA, is it possible that the attorney my dad and his "friend" met with will share exactly what transpired?
Any other info you can provide would be greatly appreciated. Thanks!
 

ALawyer

Senior Member
Getting a Power of Attorney does not strip the Principal granting it from power to act on his own. It will ONLY allow the person appointed as Attorney-in-Fact to act on behalf of the Principal, not INSTEAD OF the Principal.

There is no way that an attorney at law should discuss anything the Princiapal said or did with someone who is his Attorney-in-Fact without the Principal's express consent, at least SO LONG AS the Principal is capable of acting.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top