Ethical?

[Dan1959]

What is the name of your state?I live in Oregon. My wife is the POA for her uncle who is 92 years old and is in an Alzheimers Care facility. He has been diagnosed with Lewy Body Dementia. Shortly (one month) before his diagnosis, he had a law firm change his will. When his dementia had progressed to the point that my wife and I could no longer take care of him, we placed him in a care center that specializes in alzheimers and dementia care. Here is the problem: Since the time the uncle has been in the care facility, the law firm that did his legal work has been hounding us to get a guardianship for her uncle. She has told this law firm that she is fully capable of acting as his guardian. In addition, the Power of Attorney document seems to me to give her the power to make all the decisions necessary to make sure that he is cared for properly. Two days ago we received a letter from this law firm requesting that we get a care manager to determine if he is actually getting the right kind of care. In addition, they continue to visit him in the facility, although at times he is barely coherent. After these visits, my wife is billed for their time. My question is: Is what they are doing ethical? Legal? Thanks for your response.

 

[BlondiePB]

Two days ago we received a letter from this law firm requesting that we get a care manager to determine if he is actually getting the right kind of care.

If this is the law firm that the uncle hired, uncle may have given the law firm authorization to check on him. Someone else (like another relative of uncle) may have visited uncle and reported neglect of him by your wife or someone in the facility may have done so which triggered the visits from uncle's/wife's attorney.

In addition, they continue to visit him in the facility, although at times he is barely coherent. After these visits, my wife is billed for their time. My question is: Is what they are doing ethical? Legal?

Probably, there's more going on here. If they, the law firm on acting on behalf of their client, the uncle, yes what they are doing is both ethical and legal. The bill should be made out with uncle's name if the law firm is acting on behalf of the uncle. However, a lot of POAs and other fiduciary's do not sign contracts correctly on behalf of grantor's, etc. making the fiduciary as the guarantor of the bill. Listen to the attorney about the guardianship. There's something going on here.