attorneys and such

Mikela

Hi.  It has been awhile since I've posted.  I've been working to file for guardianship for my father.  I have a CELA attorney that I'm working with and looks like we should be able to file within the next week.  My question is this:  back in June I found out my stepmother was attempting to have my father sign another dpoa after his diagnosis of alzeheimer's/dementia.   I was able to find out which attorneys she had contacted because I was paying the phone bill.   I contacted the attorney and provided them with a copy of my dad's diagnosis and the dpoa showing his kids as poas and a letter asking the attorney  to contact me as the attorney-in-fact, for anything concerning my father's affairs.  The attorney never did and proceeded to create a new dpoa naming my stepmother alone.  This is an issue because she doesn't accept my father's diagnosis and is still treating him like he has full capacity.  He has been scammed and spammed over the phone of thousands of dollars before his kids were aware of the extent of his medical condition.  

Do I have any recourse over this shyster of an attorney?  It seems very shady to me.   I've let our CELA attorney know also, but she is focused on the guardianship filings at the moment.  

Thanks for listening. 

Mikela in TX  

PickledCondiment

Your current attorney should be able to handle two matters at the same time; guardianship and follow-up with other attorney.  You, the client,  are paying the attorney's billing rate, so the attorney answers to you. As such, the responsibility falls to you to insist the attorney do both tasks at the same time. Most attorney's have some sort of office staff who can be directed to do the research, prepare a letter, etc.  Attorney's have multiple client files open at the same time,  no reason both issues cannot be pursued simultaneously.  Bluntly, if your attorney can't do both at the same time, you need to find an attorney with better time management skills.

Additionally, there are lawyer/attorney licensing, ethics boards in each state (texasbar.com) For the Public>'Problems with an Attorney'.

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harshedbuzz

This isn't a slam-dunk.

An attorney could deem your dad competent to sign a DPOA even with a dementia diagnosis.

HB

Mikela

I realized the name of the attorney from the "new" dpoa was the same yesterday and told my CELA attorney yesterday.  So she is aware and working on it.  I just hadn't touched base with her yet  I hate this limbo right now and the shyster attorney gives me a target I suppose.  My dad taught his kids to confront problems head-on.  It is hard to remain on the sideline with an attorney.  I know my stepmother is confused, scared and a bit paranoid so I try not to add to the situation.  It is difficult as she has alienated most of the family and put my Dad in lockdown essentially.   I just want this to be resolved and my Dad safe and secure with proper medical care.  

DrinaJGB

Back in 2012 I took my DH back to see his neurologist (chief)--to have him assessed for a DPOA. He did the assessment and deemed my DH competent to name a DPOA, so I then took him to another attorney to have those papers drawn up.

The problem I see with your concern is that his spouse has already had him sign a DPOA. The fight will be his competence at the time which could turn out to be a long and arduous process.

We have been in litigation now for 10 years becasue of what DH's sisters did while he was critically ill with a near-fatal bout of viral encephalitis. This lead to all manner of covert and malicious actions by his siblings too numerous to name here.

The point I am trying to make is you will need to think long and hard before jumping into this fight. It could and probably will turn into a very long and very expensive journey.

The legal system in this country is not only broken but full of unethical practitioners who, when they see an estate case --they see dollar signs and will drag it out for as long as possible to up their fees.

We have had several attempts at settlement to no avail---mainly due over attorney fees fights.

The other problem is the judges. For whatever reason we have gotten nowhere with 2 different judges. We filed a motion in 2015 (yes!) that has still not been ruled on ---that would have nearly ended this nightmare.

  New judge was elected in 2016---only to re-file and have it sit on his desk since 2018 with still no ruling. I honestly do not know how they justify their salaries.

So we wait. And the money we alone have spent could have bought a very nice house.

This is a corrupt system you are leaning into. The question is ---are you prepared to throw your whole life into this with all the ups and downs and the bills ticking upward the entire time? Because it will take over your life---and keep you a ostage in a never-ending nightmare.