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  1. #1
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    Jan 2011
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    Default Lawyer-Client Confidentiality Regarding Power of Attorney

    My relative recently had a surgery and before they went in they met with their lawyer. However, my relative is extremely "secretive" and did not divulge any information in terms of designating a power of attorney.

    After the surgery, we learned they have severe dementia. The relative is 80 years old and is in charge of a business. They're starting to make poor financial decisions in line with someone suffering from dementia.

    After speaking with a social worker that works at the hospital our relative was, it was advised we find out about power of attorney. However, would their lawyer be allowed to divulge this information and give us advice in terms of how to proceed? The relative is not likely to cooperate, at least initially. We're not sure how to properly handle their care.

    Any advice is greatly appreciated.

  2. #2
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    Default Re: Lawyer / Client Confidentiality Regarding Power of Attorney

    And you believe your relative executed a power of attorney document granting somebody power of attorney because... ?

    If your relative is not mentally competent, explore the possibility of a conservatorship under the laws of whatever state is involved.

  3. #3
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    Default Re: Lawyer / Client Confidentiality Regarding Power of Attorney

    Quote Quoting Mr. Knowitall
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    And you believe your relative executed a power of attorney document granting somebody power of attorney because... ?

    If your relative is not mentally competent, explore the possibility of a conservatorship under the laws of whatever state is involved.
    We don't know if they executed a power of attorney document, which is why I need to speak to the lawyer. However, is he allowed to disclose whether they did or not?

  4. #4
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    Default Re: Lawyer / Client Confidentiality Regarding Power of Attorney

    He's allowed to disclose what his client authorizes him to disclose.

    If you have reason to believe that the relative is no longer mentally competent and you have no reason to believe that he issued a power of attorney while mentally competent, explore the possibility of a conservatorship under the laws of whatever state is involved.

  5. #5
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Lawyer / Client Confidentiality Regarding Power of Attorney

    Quote Quoting fhj2223223
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    We don't know if they executed a power of attorney document, which is why I need to speak to the lawyer. However, is he allowed to disclose whether they did or not?
    The lawyer may not know either ... nor will he disclose this ...

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