I am the guardian/conservator (I am daughter, only surviving immediate relative) and there is a co guardian (not blood relative). I requested the attorney to draw real estate contract for a sale of piece of farmland. I have signed the contract/notary etc., now attorney has told me, that I have to wait and see, but won't communicate reason, in fact no communication since I sent signed contract back. Person for buying property also, will not talk to me. This same attorney did not do Dad's taxes for 2016/2017 before I became guardian. I have requested power of attorney with IRS, as 2 letters have come requesting tax payments for years prior to guardianship. Mess by slow lawyer who knows I am out of money to pay nursing home, I think he is just looking to take over and sell everything and remove me from guardianship, don't trust him. Lawyer knows that I want to keep farmhouse, as there are 3 different land pieces that can be sold first. I asked for contract on May 28, 2020, and now approaching Sept. 1, and no sale, out of dad's money. Problem is co guardian has friend who wants to buy land but cheap, which I am not willing to do. I have asked for co guardian to be removed, as he will not assist unless he is paid for every minute, which Dad does not have any cash left. Lawyer said since I live out of state, the law requires that there be a co guardian, which is incorrect, Iowa law states, there may be a co guardian, but not required. Report attorney to bar association? I live in a different state, and hard to find attorney where I live that is also licensed in dad's state. I already handle all paperwork via email, and it works fine. Recind the sale contract, and hire a realtor to sell same piece of land? Lawyer still has to ask court for permission to sell land, e court requirement. Hire a separate tax attorney? Questions of ethics for this attorney who did do dad's taxes since 1967 for his business, shouldn't the attorney have notified next of kin, when dad did not make his usual tax appointment in March for 2 years of 2016, & 2017? File for Medicaid? I never did, nursing home said dad would not qualify, when he was admitted to nursing home in 2017.
I'm losing my mind, no help with attorney issues.
Also, if the attorney has been working with your dad since 1967, that makes him pretty old...maybe he got sick or something happened to him? Is he the only one in his practice? It is not the attorney's job to remind people able-minded clients to file their taxes. If your dad was incapacitated in those 2 years it would have been the PoA or legal guardian's job to remember to do it. Accountants remind their non-incapacitated clients (like by business accountant who communicates deadlines to me regularly). As far as I'm aware the IRS doesn't grant PoA to people...I think you are very confused about legal roles and abilities. If you are not your dad's legal guardian and he is now incapacitated, then his county will need to become it for him. I think only a judge can change a guardianship through the courts, not an attorney. And, not sure I would listen to the nursing home about whether or not your dad would qualify for Medicaid. They don't know all the private details of his finances. If you are the PoA or legal guardian I would find a new elder law attorney in your dad's state that is familiar with estate planning and Medicaid. I hope you get the answers you need!