QUESTION
Should a lawyer that has questioned a client's competency then allow the client to sign legal documents granting the lawyer temporary guardianship.
Asked on Nov 01st, 2020 on Elder Law - Oklahoma
More details to this question:
My mom lives 1500 miles away and will not move closer to family. A lawyer she used to represent her in a probate case brought of the issue of my mom's competency with me and 2 of my sisters while we were out there a year ago to help my mom. My mom now has a medical condition that may require surgery. My mom is now telling the family that she is planning to assign temporary guardianship to the lawyer if there is an emergency because she is her friend and will look out for her. The lawyer was suppose to have drawn up a lving will and a DPOA and submitted to my mom's doctor and the local hospitals 2 years ago. My mom now tells this has not been done. Nor has the lawyer mailed copies to us of the POA my mom said she has drawn up 2 years ago for my older sister and I. And the lawyer has not returned birth certificates for my mom or her brother. Hate to be sceptical but this doesn't sound right to me. Why would a lawyer encourage mom to give her guardianship rather than family DPOA?
1 ANSWER
2 Awards
Only a court can award guardianship.
Ask your mother to sign a limited waiver, allowing the lawyer to disclose information to you even though your mother, not you, is the client.
If you are not satisfied with the responses, know that you can file a grievance with the state bar and, if the lawyer is taking advantage of your mother, report him to APS.
If the lawyer is your mother's friend, the lawyer may get to the hospital before you do and so be a reasonable choice for your mother's agent under a Medical Power of Attorney. But there are very narrow and specific circumstances in which a lawyer becoming a client's agent under a Durable Power of Attorney and handling her finances would align with the rules of professional responsibility.
Answered on Nov 02nd, 2020 at 5:13 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.