My mom is a widow, she is 98 years old and has a will and a trust. I will be the executor and I already have POA for her health and finances. I was talking with the assistant to her attorney and was told that I needed to come in with a letter from the doctor saying she has dementia, and I will need more papers drawn up. When I asked what kind of papers, she said she didn't know, but the lawyer will tell me.
Since I have all POAs for her, does anyone know why I need to go in, it just doesn't make sense to me? My husband and I are her caretakers and we live in Nevada. Her attorney charges $500.00 an hour, to me it seems like a way for them to get some more money out of me. I am just wondering what others experience in this area.
But it's outrageous that the assistant couldn't answer your reasonable questions. Money aside, they're asking you to spend your time on this - obviously you need to know why it's necessary to attend the office and what documents they're talking about. Honestly!
I think I'd email The Big Himself and ask.
If your mom has a properly set up will and trust, I'd really wonder what the attorney needs. You should be able to send in the doctor's letter for his files, but I'd question what he needs, too.
Sounds to me like the assistant is fishing for billable hours.
Some POA were written as part of the senior's documents. It will say RIGHT ON THE POA itself under what circumstances you may serve. Usually it says that the assessment of two doctors is required to enforce the document, that the senior can no long act in his or her own behalf. That is the norm on a POA done before there is a need. Then the Lawyer writes you a letter of certification that you are now POA for the Estate and he files the letters from the doctor.
So read your POA document. It will say what is required for you to act as POA right on the document itself. Also, tell the office Secretary that you cannot come in until the Lawyer tells you exactly WHY you are coming in and exactly what you need to bring with you. It should not be difficult for you at this point to get the documentation of the MDs for him if this is what is required.
Given that a trust has been executed, it might be that the attorney wants to handle "funding" of the trust, something which you can do other than transferring real property. Only an attorney should prepare the deed; you could record it, but I'd let the attorney handle that as well.
You can also ask why you can just send the doctor's letter to the attorney.
My attorney drafted everything in one setting. We had one meeting for discussion of issues and a second to review and execute the dox. We also had signed a retainer letter with a specific cost for the dox prep.