Legal Question in Wills and Trusts in California

Re: a Family Trust. Daughter POA of everything. Granddaughter talks Grandfather oft aking daughter off everything and making her POA and Trustee of Family Trust. Before Family Trust even written by atty. that was hired by daughter, (so daughter still POA) Atty. wouldn't return any VM's or messages of daughter only Grandaughter who eventually will be second Trustee. Doesn't this fall under the Privacy Act of clients documents. Shouldn't of all the info. gone to the daughter who was POA. By the way, the Grantor (Grandfather is 86) doesn't know anything about legal matters or Trusts so was, in my opinion taken advantage of. The atty. called and talked to the Grantor, repeating what the Granddaughter had told him to say to the Grantor so the Grantor agreed even though he didn't really understand. I feel the atty. was in the wrong.

Pls. advise A.S.A.P.

Upset


Asked on 9/27/09, 9:16 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The facts you recite seem inconsistant. If the daughter[D] hired the attorney, for whom did she hire him [herself, herself as POA, her father[F[]? If granddaughter [GD] given POA for all purposes by F then D no longer has POA and could only hire attorney to represent herself, in which case he has to communicate her; I can not imagne an attorney refusing to communicate wilth their client but talking freely to a rival. If GD is POA why would she make herself only a second trustee? The lack of knowledge of legal matters by F does fnot mean he was legally taken advantage of because most lay clients do not know anything about the legal aspects they encounter.

Please accurately restate the facts.

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Answered on 9/27/09, 11:13 pm


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