Legal Question in Elder Law in Washington
competency
My father-in-law whom I care for has recently been declared competent again by his physician. When he saw his attorney and told her that he wanted to be re-instated as Trustee her response was we'll see about that. One of his sons who is co-successor trustee has been trying to gain complete control of trust. The attorney also kept all his original trust documents and will not return them. He has nothing not even a health care directive. What can he do?
1 Answer from Attorneys
Re: competency
It depends on the terms of your father in law's trust, and what happens in the event he is found competent. Is his physician prepared to testify as to his recovered competency? Usually, all it takes to terminate a DPOA is a written notification to the attorney in fact.
If the attorney is giving you difficulty, GO HIRE ANOTHER LAWYER. This situation is not something I can responsibly advise you to attempt to solve yourself. Best wishes - Elizabeth Powell
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