POA Question

[Rebecca77]

What is the name of your state (only U.S. law)? Colorado

My husband is going to be the POA of his brother's estate. The brother is healthy and well, he's just not good at handling money and wants someone else to do it. The brother sold some land about six years ago and he still has not received his money for it due to some illegal and unethical doings by his first lawyer and two banks. All this time it's been tied up in court. The problem is the brother is offering very little information as to what's going on, and when he does say something, it's usually wrong because he does not listen to what his lawyers are saying. My husband wants to talk to the lawyers and get some clear information. The brother always says you can meet with them this weekend or whatever, but it gets cancelled or just never happens. So the question really is does my husband have the right to talk to his lawyers, would this be normal for a POA to attend meetings so they know what is going on, or is it the case where his brother just doesn't want him to know anything right now. Thank you

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado

My husband is going to be the POA of his brother's estate. The brother is healthy and well, he's just not good at handling money and wants someone else to do it. The brother sold some land about six years ago and he still has not received his money for it due to some illegal and unethical doings by his first lawyer and two banks. All this time it's been tied up in court. The problem is the brother is offering very little information as to what's going on, and when he does say something, it's usually wrong because he does not listen to what his lawyers are saying. My husband wants to talk to the lawyers and get some clear information. The brother always says you can meet with them this weekend or whatever, but it gets cancelled or just never happens. So the question really is does my husband have the right to talk to his lawyers, would this be normal for a POA to attend meetings so they know what is going on, or is it the case where his

Someone with a valid POA could make their own appointments with attorney's etc to find out what is going on.

 

[Rebecca77]

Just so I understand this clearly. If my husband is the actual POA ( he signed papers and it's been recorded ) he would be able to contact his brothers lawyers for more information, even if the brother does not want him to have contact with the lawyers? If the brother told his lawyer to not have any contact with my husband, would the lawyer have to follow through with his wishes? Thanks

 

[ecmst12]

Depends on what the POA says.

 

[anteater]

Just so your husband is clear. By granting power to an agent under a POA, the principal (if legally competent) does not surrender the power to act on his own behalf. Therefore, to the question...

If the brother told his lawyer to not have any contact with my husband, would the lawyer have to follow through with his wishes?

... the answer is yes and your husband should respect that.

Also, I doubt that an attorney would discuss a matter involving a legally competent principal with the agent unless the principal explicitly agrees.