Minneapolis, MN asked in Civil Rights, Elder Law, Probate and Public Benefits for Minnesota

Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?

Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL incur more charges". These items arrived by email, 2 weeks ago, several which are provided by the state, will arrive within 30 days. Dad has not yet been asessed or approved for a waiver.Applications extend into October and November. Mentally disabled, stressed and overwhelmed is an understatement. I feel bullied, harrassed. We wanted to avoid probate court. Number one priority here was to transfer dads mobile home and his car as a gift from him, the state of Minnesota won't allow me to do so as his POA, AIF. I could lose dads home, his car, my benefits because nothing is written in stone. I have lost all respect and no desire whatsoever to do business with this lawyer any longer.

1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

A: Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and chronology. Expect to pay a reasonable consultation fee because this will probably require at least a couple hours of attorney time, maybe more.

Also, you always have the right to fire your attorney. Chances are you will be entitled to a refund for the unused portion of your deposit, but that depends on the precise wording of the engagement letter/agreement. A second attorney can also give you advice on that.

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