Can you help with Power Attorney & Will questions please?

[Rocky4]

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

My Dad is 88 yrs old with his beginning stage of alzheimer/dementia .He has his good days and bad days.
My mother was my Dad's Power Attorney.In the Will everything would go to my Mother as stated in the Will.Mother was the only person on the Will and the only POA.My Mother past away 5 yrs ago.My Dad isn't doing the greatest these days.My Dad pulled out his Will the other day and found Mom was the only person stated on the Will.As of now there's no POA.My Dad still can make his own decisions but,it's coming to the point to where help soon will be needed if not now.

My Dad had the same Attorney for many yrs for his Will is what I'm told from my Dad.I contacted my Dads attorney's office twice attempting to speak with his attorney on what we need to do to fix the Will & POA.The attorney isn't returning my phone calls.Understanding Dad is the attorney's client not I.But,I'm the person taking care of my father.
I'm thinking about seeking another attorney for my father for his Will & POA.But,my Dad's attorney has my dad's past information "Paper Work".
Will I have problems getting Dad's papers from my Dad's attorney if needed for a further seeking different attorney?Would it be best to keep the same attorney?
I'm not understanding why my Dad's attorney isn't returning my phone calls.Twice I attempted,Twice the attorney didn't return my calls.Three times a charm.
Personally,I shouldn't have to attempt three times to contact his attorney.Either he wants the business or not is my thinking.Understanding we have the right to go else where.But,this attorney does have my Dad's history/information/paper work.My worries is if we may have lost some paper work needed and this attorney has it.or copies needed.Will this releasing paper work be a problem?

What can I do?Should I seek another Attorney?

 

[anteater]

Unless there are some real complicated issues, I don't see that there is a critical need to obtain the "history/information/paper work" from the attorney that drafted the original will and POA document. Certainly, the previous attorney should provide whatever is requested, but, if you Dad has the original of the will and the POA document, that should be sufficient in consulting with another attorney.

 

[Ohiogal]

OP's biggest problem is the fact that he is the one who is calling -- he is also a major heir and dad has dementia/alzheimers. Couple that with his monetary issues and OP can be seen as trying to exert undue influence. As an attorney, I wouldn't call him back either. He is not the client.

 

[anteater]

OP's biggest problem is the fact that he is the one who is calling -- he is also a major heir and dad has dementia/alzheimers. Couple that with his monetary issues and OP can be seen as trying to exert undue influence. As an attorney, I wouldn't call him back either. He is not the client.

You wouldn't even return the call?

I mean... At the end of the day, the attorney will need to decide if the Dad is competent to execute any documents and that he is doing so of his own volition. Trying to arrange an appointment for an elderly parent is not uncommon.

 

[Ohiogal]

You wouldn't even return the call?

I mean... At the end of the day, the attorney will need to decide if the Dad is competent to execute any documents and that he is doing so of his own volition. Trying to arrange an appointment for an elderly parent is not uncommon.

Not necessarily. Of course it also depends on how often the attorney is in the office and how long it has been. Dad should try to call for himself and see where that goes.

 

[Rocky4]

Not necessarily. Of course it also depends on how often the attorney is in the office and how long it has been. Dad should try to call for himself and see where that goes.

I have another question if I may?
As I stated before my Dad has dementia.Dad forgets very easy.If he is reminded he will confirm things.Would it be best to seat down with dad and write on paper what Dad wants to do before going into the attorney's office ?I don't want the attorney feeling or thinking I'm coaching my Dad to do or say a thing with his Will.But,because,of his dementia as forgetting easily I feel I should seat down with Dad and place everything on paper so,everything Dad wants is noted on paper prior of the attorney's office.Is this a good idea or a bad idea?
My dad wants to get his will done.That's what he wants to do.He wont stop talking about it until it's done.
As for his dementia,it's becomming a problem in many ways.Driving,Paying bills,Operating a remote control for a simple TV.He was never told by a doctor yet not to drive.But,yet to be done.Dads on the boarderline of not competent I feel.Is why he needs to get his Will done before he gets any worse.
Yrs ago,his desire was to have the home sold if/when he passes away.I reminded my Dad about this the other day and he tells me no I never said to sell the home when I pass away.But,yrs ago yes he did.I'm his Son I remember.Anyway,now he wants to give the home to me when he passes away.I agree with this I do have many memories with the home.
The attorney will do what my Dad says.He is his client.But,if my Dad forgets and tells the attorney to sell the home after he passes.My Dad may need to be reminded he wants to give me the home.Is why I ask should Dad & I write this down on paper prior of going to have the Will done or play it by ear?People with dementia changes day by day as some good days and some bad days as remembering things.
If by chance if the attorney feels my Dad is not competent?What do I do then?Regardless the Will and POA needs to be done before he gets any worse.My dad's worried if he don't get this Will done soon he may die and everything will go to the state.Is why my Dad's so on me about taking him to get this Will done ASAP.
I see he point.I would feel the same if the tables was turned.
My question is,
Would you seat down with your Dad and prep everything on paper prior of going to a attorney?Would this be concidered coaching?

 

[Ohiogal]

I have another question if I may?
As I stated before my Dad has dementia.Dad forgets very easy.If he is reminded he will confirm things.Would it be best to seat down with dad and write on paper what Dad wants to do before going into the attorney's office ?I don't want the attorney feeling or thinking I'm coaching my Dad to do or say a thing with his Will.But,because,of his dementia as forgetting easily I feel I should seat down with Dad and place everything on paper so,everything Dad wants is noted on paper prior of the attorney's office.Is this a good idea or a bad idea?
My dad wants to get his will done.That's what he wants to do.He wont stop talking about it until it's done.
As for his dementia,it's becomming a problem in many ways.Driving,Paying bills,Operating a remote control for a simple TV.He was never told by a doctor yet not to drive.But,yet to be done.Dads on the boarderline of not competent I feel.Is why he needs to get his Will done before he gets any worse.
Yrs ago,his desire was to have the home sold if/when he passes away.I reminded my Dad about this the other day and he tells me no I never said to sell the home when I pass away.But,yrs ago yes he did.I'm his Son I remember.Anyway,now he wants to give the home to me when he passes away.I agree with this I do have many memories with the home.
The attorney will do what my Dad says.He is his client.But,if my Dad forgets and tells the attorney to sell the home after he passes.My Dad may need to be reminded he wants to give me the home.Is why I ask should Dad & I write this down on paper prior of going to have the Will done or play it by ear?People with dementia changes day by day as some good days and some bad days as remembering things.
If by chance if the attorney feels my Dad is not competent?What do I do then?Regardless the Will and POA needs to be done before he gets any worse.My dad's worried if he don't get this Will done soon he may die and everything will go to the state.Is why my Dad's so on me about taking him to get this Will done ASAP.
I see he point.I would feel the same if the tables was turned.
My question is,
Would you seat down with your Dad and prep everything on paper prior of going to a attorney?Would this be concidered coaching?

Dad has dementia and forgets things easily and is borderline incompetent? His will would NOT be getting changed by me. No way. Why would everything go to the state? It will go to the prior individuals or -- without a will pass through intestate succession.

 

[LdiJ]

Dad has dementia and forgets things easily and is borderline incompetent? His will would NOT be getting changed by me. No way. Why would everything go to the state? It will go to the prior individuals or -- without a will pass through intestate succession.

Where do people get the idea that the state gets everything if there is no will? This seems to be a common theme.

 

[Ohiogal]

Where do people get the idea that the state gets everything if there is no will? This seems to be a common theme.

I don't know. Ignorance, maybe? OP needs to realize that any ethical attorney will NOT change a will of a client who has dementia and has good/bad days. I don't see that happening.

 

[Rocky4]

Thanks to all of you.