POA to see will?

g6jns_2

Mojisola wrote: »

Not the only reason - the attorney could be trying to make sure that the donor's wishes will be fulfilled.

As Dad's attorney, I acted as him, including having to make the decision whether he would be resuscitated if the situation arose.

I already had a copy of his will but it would be strange if I could decide whether he lived or died but couldn't make sure that his wishes in his will could be complied with.

If I had sold his house and got rid of his possessions before he died, only to find that he had left specific items to people in his will, I would have been very upset. If an attorney can be trusted to manage every minute part of someone's affairs, they can be trusted to see the will.

If they misused their position to divert money so that they gained from the will, that could be challenged in court because they would have been using their powers for their own interest and not the donor's.

The Health POA are quite separate fro the financial ones. I think your position was rather different. If the donee had shown the attorney the will then that is also different. There are two issues in the OP's case. Firstly the solicitor has a duty of client confidentiality. Had the testator wanted the attorney to see the will then they could have shown it to them. As they did not then the presumption has to be they did not want to do so. Secondly it can be very difficult to prove that an attorney has behaved improperly. The POA does not give the attorney unfettered power to manage the donee's affairs. They have to act solely in the donee's best interests.

Mojisola

g6jns wrote: »

They have to act solely in the donee's best interests.

And isn't it in their best interest to make sure that the decisions expressed in the will can be complied with, as long as that doesn't impact adversely on them while alive?

g6jns_2

Mojisola wrote: »

And isn't it in their best interest to make sure that the decisions expressed in the will can be complied with, as long as that doesn't impact adversely on them while alive?

It is emphatically not the function of the attorney to effectively alter the will by manipulating bank accounts for example. They have no legal power to do so. I repeat the POA does not give the attorney unfettered power. The purpose of the POA is to deal with the everyday money matters not make or alter wills.

Mojisola

I've never suggested that an attorney should try to alter a will.

weezie7

Thanks for all the replies and information. There is no question about the POA to see will and the will being changed.
The concerns are about only having a solicitor and (dodgy) accountant as the only executors as I have said previously!

g6jns_2

weezie7 wrote: »

Thanks for all the replies and information. There is no question about the POA to see will and the will being changed.
The concerns are about only having a solicitor and (dodgy) accountant as the only executors as I have said previously!

Forgive me if I have misunderstood but why then is there any need to see the will until th testator has died?

weezie7

As I said previously there are concerns about the accountant, specifically, he does not seem to be have a grasp on things, appears not to be managing finances and not altogether interested!

g6jns_2

weezie7 wrote: »

As I said previously there are concerns about the accountant, specifically, he does not seem to be have a grasp on things, appears not to be managing finances and not altogether interested!

I don't see how having sight of the will can make any difference at all. It sounds as if you need to speak to the accountant and try to resolve your concerns.