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If you are not the POA, of the pour over will, they will need your fathers approval. And this is a trust, are you the admin of the trust? If not, you have no right to receive a copy. If your father wants to share this with you he has a copy, you can get it from him.
Even with pourover, in our case,and in the one we have had written for ourselves, it does require the two doctors agreeing on incapacitation. Usually, if there is a person appointed that was made clear at the time of appointment, so perhaps we are just missing that. Hope the person comes back to let us know. For instance, in our case, those involved in will, trust, are aware of the capacity in which they might serve.
The fact that your Dad has a Living Revocable Trust doesn't have anything to do with a POA. A POA is something that is conferred on you by the person involved, in this case your father. That is to say, if you are willing to serve as POA for your parent you let your parent know. Your parent could then call in his lawyer and the lawyer will speak with your parent as to what a power of attorney means. In my case I was not in the room when the attorney told my brother that by conferring POA on me, his sister, I was put in charge of his bank accounts outside his trust. My brother also assigned me as Trustee of his Revocable Living Trust. The attorney explained to my brother that I would not be Trustee of his Trust, in management of his trust for him. These two documents were then drawn up and signed by my brother. He may revoke either of these two documents, or one or the other any time he wishes. The documents state that were my brother to be mentally incapacitated I am still to serve in this capacity to manage his trust and his accounts. (Diagnosed with possible early Lewy's and with a benign brain tumor affecting his balance only at this point, but fully able to make any decisions). You have honestly no business in getting a copy of your Dad's Living Trust unless he wishes you to have one. The Trust at present is in his hands. If he dies the Trust will be administered by the person he has appointed as the executor of his trust. What is the reason you wish to have POA. Do you want POA on your father's finances? Is that because your father is not able to make any decisions? This would involve applying as his guardian at this point, unless I am mistaken. It is rather surprising that the lawyer has not called you to explain all of this.
Actually, POA documents are often part of the trust paperwork. So the OP is correct to call the attorney. Our trust, my MILs trust and my parents trusts were all drawn up by 3 different attorneys and POAs (and Wills) are part of the documents included in the trust paperwork.
If your Father didn't name you as POA, the attorney is not required to provide you with a copy. You will most likely need to go to probate court or hire an attorney to have the firm served to release it to you. If you have siblings, they may have "coached" your Father as to how the Trust/POA was to be setup leaving you out in the wind. If I was in your position, I'd be at that attorney's office, park my butt in the lobby outside of his/her office every day until they either give in or have me arrested. Your're not the client, so they aren't going to jump up to do anything you want. YOU NEED TO TAKE CONTROL OF THE SITUATION.
If your name is not on it, they are not required to contact you, and in most cases do not want to as you are not a client or a notable party. If your parent is alive and capable, you could get a copy from them personally. If they do not want to give you one, then honestly, it is not your business. You do not have the right to their financial information at this time. Once your father passes, then probate documents are public. If you are listed in the trust you will be contacted. At this point, the lawyer does not owe you communication, but it would be the professional thing to do to return your call and tell you that you are not their client and that there is nothing they can do for you at this time.
There are a few issues that haven't been addressed.
1. If your father wanted you to have a copy (preferably a conformed copy) of the Trust, all he has to do is ask his attorney to make one and provide it to you.
2. Since that hasn't been done, I'm inclined to think that your father doesn't feel it necessary, or want you, to have a copy.
3. Have you asked your father about this? That's who you should be calling, not the attorney, as his attorney has no client relationship with you.
Sorry to be blunt, but I can't help thinking there's more to this situation than is being shared.
This is how I feel. Dad should have a copy of the POA. It is wise that he have a copy issued to you since ur the one assigned. There have been lots of posts where people know they have been assigned and can't find the paperwork or which lawyer wrote it up.
I had my Mom put all her important papers in one place so I could grab them when I needed. I have my nephews copy in my home.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
You have honestly no business in getting a copy of your Dad's Living Trust unless he wishes you to have one. The Trust at present is in his hands. If he dies the Trust will be administered by the person he has appointed as the executor of his trust.
What is the reason you wish to have POA. Do you want POA on your father's finances? Is that because your father is not able to make any decisions? This would involve applying as his guardian at this point, unless I am mistaken. It is rather surprising that the lawyer has not called you to explain all of this.
https://www.estateplanning.com/Why-Do-I-Need-a-Power-of-Attorney-if-I-Have-a-Living-Trust/
If you have siblings, they may have "coached" your Father as to how the Trust/POA was to be setup leaving you out in the wind.
If I was in your position, I'd be at that attorney's office, park my butt in the lobby outside of his/her office every day until they either give in or have me arrested.
Your're not the client, so they aren't going to jump up to do anything you want. YOU NEED TO TAKE CONTROL OF THE SITUATION.
If your parent is alive and capable, you could get a copy from them personally. If they do not want to give you one, then honestly, it is not your business. You do not have the right to their financial information at this time.
Once your father passes, then probate documents are public. If you are listed in the trust you will be contacted.
At this point, the lawyer does not owe you communication, but it would be the professional thing to do to return your call and tell you that you are not their client and that there is nothing they can do for you at this time.
1. If your father wanted you to have a copy (preferably a conformed copy) of the Trust, all he has to do is ask his attorney to make one and provide it to you.
2. Since that hasn't been done, I'm inclined to think that your father doesn't feel it necessary, or want you, to have a copy.
3. Have you asked your father about this? That's who you should be calling, not the attorney, as his attorney has no client relationship with you.
Sorry to be blunt, but I can't help thinking there's more to this situation than is being shared.
I had my Mom put all her important papers in one place so I could grab them when I needed. I have my nephews copy in my home.