Do thechildren of a co-trustee have a right to receive a copy of the letter of incompetency?

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Do thechildren of a co-trustee have a right to receive a copy of the letter of incompetency?

My dad had a stroke, is paralyzed, and is not improving after 10 days. He and his third wife have a Living Trust. She also has Durable Power of Attorney for business/personal. My sister is DPA for medical. She is also the first successor listed in the LT. Within 3 days of the accident, dad’s wife was giving away items and moving forward with selling the estate. She mentioned that assets my dad listed in the LT for his kids would be sold to pay for her expenses, which the LT does permit. However, to our knowledge, dad’s local physician has not prepared a letter yet.

Asked on December 29, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father is still alive the durable power of attorney concerning the medical power that designates your sister as the attorney in fact controls with respect to the medical issues.

Your sister as the attorney in fact for the medical issues concerning your father has the right to obtain a copy of any letter signed by the father's treating physician concerning his competency.

Given the way things are proceeding with your father's third wife, it might be a good idea for you and your sister consult with a Wills and trust attorney concerning the current situation regarding him and the third wife.


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