What rights does Attorney have for his client.

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we recently found out my mother had all of her money swindled by my 2 older brothers -- we explained to the attorney and showed him all the proof (hundreds of thousands of dollars) - can he change my mother's PoA from my brother to me? can he change the exectutor of the estate from my brother to me? can he change the will to take my brothers out of it? these changes would all be made by the attorney because he witnessed criminal behavior against his client (my mother) --- what responsibility does he have to 'do what is right' / protect his client (she still has her house but i am sure they will find a way to get her to sign to refinance/reverse mortgage and take everything)

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Type: Question • Score: 4 • Views: 1,562 • Replies: 17

@redcow,

redcow wrote:

can he change my mother's PoA from my brother to me?

No.

redcow wrote:

can he change the exectutor of the estate from my brother to me?

No.

redcow wrote:

can he change the will to take my brothers out of it?

No.

redcow wrote:

what responsibility does he have to 'do what is right' / protect his client (she still has her house but i am sure they will find a way to get her to sign to refinance/reverse mortgage and take everything)

He can report this incident to the proper authorities.

1 Reply

@joefromchicago,

he is legally obligated to call authorities? and why can't the basis for criminal activity allow him to stop future criminal activity? and it sounds like only recourse is for him to prepare documents and have my mother sign.

3 Replies

@redcow,

Lawyers are officers of the court so I believe that compels him to call the authorities regarding any illegal activity.

Quote:

and why can't the basis for criminal activity allow him to stop future criminal activity?

He's NOT a member of law enforcement. The law enforcement agencies are there to stop future criminal activities.

Quote:

and it sounds like only recourse is for him to prepare documents and have my mother sign.

And of course, expect your brother to challenge these changes by say, challenging the competency of your mother to make/decide these new changes.

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@redcow,

redcow wrote:

and it sounds like only recourse is for him to prepare documents and have my mother sign.

If your mother is his client, he will have to take his direction from her. If she doesn't direct him to prepare documents, there would be no good reason for him to do so.

2 Replies

@ehBeth,

he can recommend but not compel - sounds interesting because if he feels she can't process this type of betrayal then he'd be saying she isn't mentally competent to make the switch (giving my brother argument to invalidate the change) -- however wouldn't my brother be opening himself up to criminal (and tax) persecution by fighting (he 'took' about $50,000 max in any calendar year)

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@ehBeth,

Big IF. I haven't a clue about who this lawyer might be representing.

OP may want to take a look at the guardianship procedure in his state. Contested guardianships can be slow and expensive, with no assurance of success, and will probably not address the issue of prior exploitation except possibly in determining who (if anyone) will be appointed guardian/conservator.

Assuming we are talking about somewhere in the US, of course.

1 Reply

@roger,

New York --- and he is representing my mother - he didn't know about the hundreds of thousands of dollars being withdrawn although he was told by my brother that he needed 'some money' -- he never did the research to determine it was 1/2 million dollars until i found out 2 weeks ago-- also, bank never mentioned to anyone -- not that it should be a surprise (i mean red flag - someone takes out 1/2 million dollars and drains a bank account for an elderly woman?) ---

it seems to me that her lawyer should have some capability to make it right? i mean she entrusted him to help her with this and i'm surprised he can't fence off her assets from future attacks (like the fact they'll take her house)

2 Replies

@redcow,

You want to know if the attorney can do all of those things on his/her own. No, the attorney cannot. If the attorney did, then he/she would be acted contrary to the law and to the code of ethics.

If you suspect that your brothers are stealing from your mother, why don't you do something about it?

1 Reply

@redcow,

Redcow, you need a lawyer. Your own lawyer. One experienced in eldercare law, in your own town.

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@joefromchicago,

i did - just found out that he stole the money -- went to the lawyer, now we go to police but going to the police doesn't get anyone anything -- doesn't get my mother her money back, won't get her house back -- can't get blood out of a stone -- my objective now is to stop it and make sure that she can at least keep her house to live in

1 Reply

@redcow,

redcow wrote:

New York --- and he is representing my mother - he didn't know about the hundreds of thousands of dollars being withdrawn although he was told by my brother that he needed 'some money' -- he never did the research to determine it was 1/2 million dollars until i found out 2 weeks ago-- also, bank never mentioned to anyone -- not that it should be a surprise (i mean red flag - someone takes out 1/2 million dollars and drains a bank account for an elderly woman?) ---

You DO UNDERSTAND what a power of attorney means right? Your brother taking the money doesn't necessarily mean he broke any laws. It could just means your mother chosen REALLY wrongly in determining who her power of attorney would go to.

Your only road (most likely) is to challenge your mother's competency at the time of choosing your brother as recipient of the power of attorney ... that and see if your brother actually broke any laws by consulting another lawyer yourself. See if any law enforcement agency can do anything (if any laws have been broken at all).

1 Reply

@redcow,

No, going to the police doesn't get you anything, but it is the first step in getting you what you want. And, as Roger pointed out, your next step is to get your own lawyer so that you can take the necessary actions (injunctions, restraining orders, etc.) that will preserve the assets that you claim have been stolen.

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@tsarstepan,

yes - it isn't the power of atty so much that matters for the past - it matters for the future -- how has he shown the ability to do what is in the best interests of my mother? and the only law he might have broken is taking more than $13,000 / year (tax limit for gifts) --- obviously this is a 'touchy' situation for the family but there also potential problems down the road for student loans that she co-signed for that we don't believe will ever be paid back

1 Reply

@redcow,

I may have more bad news for you, and I know you've had enough. If the money he has appropriated is considered a gift, the gift tax is owed by the giver.

It may not be worth much, but my state has an agency called Adult Protective Service. New York probably has something similar. They are involved in physical and emotional abuse, as well as exploitation. Around here, they are pretty toothless, but anything is worth a try.

Once again, you need your own lawyer. As Joe has pointed out, your mother's lawyer has no obligation to you, and probably couldn't help if he wanted to.

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@redcow,

You cannot change anything happened so far,but you can stop the criminal activities of your brothers against your mother by approaching an Attorney with good competency.Competency relates to the core knowledge and expertise of an attorney in handling a client's legal issue.

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@redcow,

At this time a good lawyer is the only person who helps you.Hire a good lawyer as soon as possible.Tell him everything about the case and involvement of your brother.

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@redcow,

I think the lawyer could not do any thing so as to change your mother's will,the best part would be to negotiate with your mother and know why she had deprived you.

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What rights does Attorney have for his client.

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