QUESTION
My mother is upset with me after a conflict during a recent visit. She is now removing me from POA and writing me out of her will.
Asked on Aug 19th, 2011 on Elder Law - Florida
More details to this question:
She states she wants to severe our relationship which I don''t want to happen. She told me she has a new attorney but has only mentioned her first name. I''m concerned she won''t be properly taken care of when the need arises. Her estate is not of consequence. Do I have the right to call attorney''s and ask if my mother is a client? Is this a confidentiality issue?
1 ANSWER
The issue you present is definitely a confidentiality issue between your mother's "new attorney" and you. Provided that your mother is competent to make a new Will and power of attorney. She is entirely within her rights to make alterations to her estate plan by changing her Will and revoking your power of attorney and executing a new one or simply deciding to do without one. The attorney is not authorized to disclose any confidential information regarding your mother's wishes and documents. If you require additional information pertaining to ethical rules, Florida's rules as they pertain to attorney-client relationships and disclosure of information can be found at http://www.law.cornell.edu/ethics/fl/narr/FL_NARR_1_06.HTM
Answered on Aug 26th, 2011 at 12:45 PM