Do all beneficiaries have the right to copy of POA/guardianship documents as they relate to 1 of beneficiaries?

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Do all beneficiaries have the right to copy of POA/guardianship documents as they relate to 1 of beneficiaries?

Elderly parent died leaving estate/special needs trust to spouse and children named as beneficiaries where one child named as PR. Additional documents stated to exist giving guardianship as well as POA with medical care decision-making authority over remaining elderly demented institutionalized parent. Do the remaining beneficiaries have the right to copies of these specific documents? Is it appropriate to expect that the estate lawyer procure said documents for them when asked?

Asked on September 24, 2011 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is unclear to me that you would have a right to review the documents in question unless and until you choose to challenge the,  But that question is really best asked to an attorney in your area as the case law may be different.  Unlike a Will, which is a public record for all to view when filed - a trust is not. You should receive a copy of the trust.  But this is not even a trust but guardianship papers.  They may, though, also be filed with the court if they were procured by court order.  And the attorney for the trust or estate lawyer as you call him or her, is not legally obligated to you as beneficiaries but to the trustee.  Seek help.  And listen: ask.  It does not hurt to do so.  Good luck.


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