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

Asked about 1 year ago - Fairfield, CT

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

Attorney answers (5)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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... more
  3. Jeffrey L Crown

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  4. James C. Higgs

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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.

  5. Cristine Grace Evans Lovetro

    Contributor Level 2

    3

    Lawyers agree

    Answered . 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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