Elder Law Answers
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Read moreIs Estate Plan Still Valid If Our Lawyer Was Disbarred?
Q
My mother retired in 2004 and hired an estate planning attorney to prepare a complete estate plan package, including general power of attorney (POA), living trust, and living will. She is now in an assisted living facility, and I have used the POA to handle her affairs. One of her creditors has requested documentation that the POA is still valid and in effect. I looked up the attorney and learned that he was disbarred in 2014. Is the estate plan that he drew up still valid? Can I still use the POA and other documents on my mother's behalf?
A
The estate plan is still valid, and you can continue to use the durable power of attorney. The lawyer’s standing with the bar, while unfortunate, has no effect on the validity of your mother’s estate plan.
The creditor’s request for documentation of the power of attorney’s continued validity is undoubtedly a violation of your state’s law. The creditor should permit you to certify that to the best of your knowledge your mother has not revoked the document without providing documentation.