Requesting the release of a will before death

[SusieMcAd]

Hello, I am trying to get my father’s original will back from a legal services company. He has dementia and I have registered POAs for financial matters and health and welfare. They are asking for an annual subscription for what they call a level 2 service and I dint see this as a necessary expense, when his rent has just been raised. I have written to ask, and explained his circumstances but have been met with hostility, rudeness and veiled insinuations about my motives. When I suggested I could get my father to write to them with this request, they queried how he could do that if he lacked full capacity, and demanded a doctor’s letter to verify this ( despite my having offered to show them the original approved and registered Attorney documents). My father would not be able to compose a letter, but he would be able to understand what I was doing if I wrote a request for him, and he would sign it. They say I have no right to his will, but surely he does himself? And if he had died, would they still refuse to give it to me, since I will be doing the probate? My mother died four years ago and this company made a lot of mistakes when dealing with her estate and eventually I did it myself. I would be very grateful for some advice about my rights and my father’s rights!

[Scot22]

How did his will come to be in their hands ? Presumably there MUST have been some written contract. If so what rights were given to them ?

[ZooZee]

Have you looked into exactly what the level 2 service provides? If your father has lost capacity can he even make use of the service?

On a personal note, your father did choose the service when he had capacity so unless you have reason to believe he would no longer want it you should perhaps respect his choices. It is hard looking after someone else's money as you have to be mindful of their personal choices not just what you would do, if that makes sense. Please don't think me rude, that's not my intention.

Your dad should have a copy of the paperwork from the company so as suggested above, take a look at the contract.

[Scot22]

I agree Zoozee and I think you have expressed yourself respectfully.