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My mother has POA for my elderly father. Do I have the right to contact their attorney?

Fairfield, CT |

I am concerned my mother is being exploited by a care taker

Attorney Answers 5

Posted

As noted by the other lawyers in this thread, your parents' attorney will not be able to speak with you about this matter without your parents' consent. Nevertheless, you should contact their lawyer and make sure he/she is aware of the situation. Ideally, a family meeting could be scheduled so that all three of you can walk through what's going on with the family attorney. Then, if your parents are competent, they might sign a Power of Attorney in your favor to let you manage the situation.

If a family meeting is not in the cards, you may wish to hire your own lawyer. He or she could help you petition the Probate Court in your parents' jurisdiction for a Conservatorship, which, under Connecticut law, trumps a Power of Attorney. With your parents' approval, this can be done on a voluntary basis. If they will not consent, you will have to prove by clear and convincing evidence that your parents cannot care for themselves (Conservator of the Person) and/or manage their financial affairs (Conservator of the Estate).

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.

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Posted

Your mother's attorney may have a conflict assisting you.
You should discuss with your mother your concerns and consider
reporting the matter to the local police or department of family services.
If your father is still competent-he could revoke the current POA and issue
a new one to you or anyone else capable of the job.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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1 comment

Asker

Posted

Thank you. We have attempted discussing with my mother and with hospice. I guess we will have to contact his agency directly

Posted

Abuse of seniors is an epidemic. A recent Wall Street Journal article put the annual figure at over $2 Billion. Let's look at what your choices are. The police will not be of initial help because this is, at least at this stage, a civil matter. Your mother's lawyer probably won't be able to speak with you because of the attorney-client privilege. You might want to speak with the people at the Department on Aging. I've found them to be helpful. I wish you and your mother well

LEGAL DISCLAIMER Atty. Crown is licensed to practice law in Connecticut with an office in Rocky Hill. His phone number is 860-257-4330 and his email address is jlcrown@trustlawyer.com. This response is not legal advice and does not create an attorney/client relationship. This response is only a form of legal education. It is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make the reply unsuitable. Atty. Crown strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from state to state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

I know that I could not speak to you, if your mother was my client. However, I generally appreciate it when a client's child makes the effort to send me a letter stating the situation so I can investigate and help my client. This does appear to be a probate, not civil matter to me, and many jurisdictions would have adult protective services investigate, and any interested party, which would include children of the protective individual could file a petition for a protective order or conservatorship to attempt to protect the elderly.

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Posted

You certainly have the "right" to contact an attorney to provide information that you feel is important to ensure that your parents receive necessary legal intervention. However, if you contacted my office, I would instruct my staff to obtain information from you and then, depending on the content, I would contact my client directly. Although this may feel offensive or downright rude to you, please remember that my primary goal is to protect and serve my clients. If I conversed with you direcly, our communication could impact your parents' comfort level with me, it would call into question my commitment to your parents, and it would almost certainly create a conflict of interest. If a contested matter arose later on, it could appear as though I was actually working for you rather than your parents.

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