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What kind of POA does your sister hold, or are you co-POAs?
First and foremost, your mom's attorney works for her, not either one of you. I'd get it clarified from him what he's even allowed to talk to you about.
If I was you, I'd get my own attorney to answer my questions.
Ask the attorney if your conversation is private. It should be, but confirm prior to seeing him/her. If you are your moms DPOA, you represent your mom when speaking to him.
If your questions have to do with you as a beneficiary of your moms estate, you might want to find your own attorney.
Are you co DPOA with sister? Is she financial and you medical or vice versa? This is important to know.
You need to read your DPOA and look up the terms to help you better understand the difference between a DPOA and a regular POA. If the attorney prepared both then you should be able to get your answers there but it helps to have a general understanding or refresher before meeting. When we run into a problem, the document suddenly becomes more important to intimately understand. Either way, when mom passes, the POA/DPOA are no longer valid.
Executor (or Personal Representative in Florida) doesn’t take effect until your mom passes and the COURT says sister is executor. Even though the will may designate her as the PR, she will still need to be approved by the court.
Here is a pamphlet I found online going over the basics for Florida. Note that it is advised that the PR have an attorney and not be the same one as any beneficiaries attorney.
Any attorney you hire is sworn by laws of privacy not to share your information with others. The same goes for any attorney hired by your sister. You will have no access to your Sister's private information through her attorney. More details would help because quite honestly I can't imagine what you are talking about. Do know that your sister is POA until the principal who designated her is dead. Then, if she is the Executor her POA is GONE and she is the Executor. She doesn't have to share ANY information with you as POA. She DOES have to fulfill the legal duties as executor of a will and wills are published. You will be notified if you are a beneficiary within the time frame demanded in your state. If not you will go to the court and look at the will as it is filed for probate. Best of luck. More information will get you better answers here on forum.
If you were speaking to your MOM'S attorney, then yes, that attorney can tell Mom everything you said. If you hire YOUR OWN attorney for these questions, that attorney cannot tell Mom anything. That would be your attorney.
The problem isn't with your sister being executor. She cannot be that until your Mom dies. She is a POA. You say YOU are also a POA at the same time (unusual that, usually you would be the successor if something happened to sister.). Only the POA matters here if Mom is alive, not the Executor. You should see the attorney TOGETHER if you are SERVING together. Otherwise, yes, if you are CO EQUALS as POA, the attorney can/would/should share everything with the OTHER sister who is a POA. If this is also your Mom's attorney, he would share all with BOTH your Mom and your Sister POA. If you have problematic questions see your OWN attorney, who is sworn to keep your secrets. From some of your writings about this whole thing I think you are not understanding a lot of this. Your Mom is being cared for now by her daughter, your sister. You Mom has also made your sister Executor after she dies. Your Mom is living with your Sister. I think you need to ask Sister if she will attend an attorney with you to answer your questions, because it sounds to me like you don't fully understand what POA is, who serves, and when, and when their duty as POA is over and they are Executor (if appointed, ) instead. You are talking in your other post about the attorney making a Trust for your Sister, at her request, of your Mom's assets. This can't be done if Mom has dementia, or cannot be easily done. POA duties are enumerated and listed on the document itself, and for a POA to be able to sell property and or create a Trust requires special permissions written at the time the document was made. See YOUR OWN ATTORNEY to explain all these complicated things to you. YOUR OWN attorney. Take your POA documents with you.
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.
First and foremost, your mom's attorney works for her, not either one of you. I'd get it clarified from him what he's even allowed to talk to you about.
If I was you, I'd get my own attorney to answer my questions.
If your questions have to do with you as a beneficiary of your moms estate, you might want to find your own attorney.
Are you co DPOA with sister?
Is she financial and you medical or vice versa? This is important to know.
You need to read your DPOA and look up the terms to help you better understand the difference between a DPOA and a regular POA. If the attorney prepared both then you should be able to get your answers there but it helps to have a general understanding or refresher before meeting. When we run into a problem, the document suddenly becomes more important to intimately understand. Either way, when mom passes, the POA/DPOA are no longer valid.
Executor (or Personal Representative in Florida) doesn’t take effect until your mom passes and the COURT says sister is executor. Even though the will may designate her as the PR, she will still need to be approved by the court.
Here is a pamphlet I found online going over the basics for Florida.
Note that it is advised that the PR have an attorney and not be the same one as any beneficiaries attorney.
https://www.floridabar.org/public/consumer/pamphlet026/
Here is another site that is a Florida law firm. They appear to have many informative topics that might be of interest to you.
https://www.floridaprobatelitigationlawyer.com/are-you-a-dutiful-child-who-is-a-caregiver-for-your-loved-one-the-florida-laws-explained/
More details would help because quite honestly I can't imagine what you are talking about.
Do know that your sister is POA until the principal who designated her is dead. Then, if she is the Executor her POA is GONE and she is the Executor. She doesn't have to share ANY information with you as POA. She DOES have to fulfill the legal duties as executor of a will and wills are published. You will be notified if you are a beneficiary within the time frame demanded in your state. If not you will go to the court and look at the will as it is filed for probate.
Best of luck.
More information will get you better answers here on forum.
This happened to me. My mom was Executrix for her brother, my uncle's Estate.
I asked a question regarding the title to his car and about a conversation I had about Probate court which I sent him a letter about.
He let my mom know about both conversations.
Only the POA matters here if Mom is alive, not the Executor.
You should see the attorney TOGETHER if you are SERVING together. Otherwise, yes, if you are CO EQUALS as POA, the attorney can/would/should share everything with the OTHER sister who is a POA. If this is also your Mom's attorney, he would share all with BOTH your Mom and your Sister POA.
If you have problematic questions see your OWN attorney, who is sworn to keep your secrets.
From some of your writings about this whole thing I think you are not understanding a lot of this. Your Mom is being cared for now by her daughter, your sister. You Mom has also made your sister Executor after she dies. Your Mom is living with your Sister.
I think you need to ask Sister if she will attend an attorney with you to answer your questions, because it sounds to me like you don't fully understand what POA is, who serves, and when, and when their duty as POA is over and they are Executor (if appointed, ) instead.
You are talking in your other post about the attorney making a Trust for your Sister, at her request, of your Mom's assets. This can't be done if Mom has dementia, or cannot be easily done. POA duties are enumerated and listed on the document itself, and for a POA to be able to sell property and or create a Trust requires special permissions written at the time the document was made.
See YOUR OWN ATTORNEY to explain all these complicated things to you. YOUR OWN attorney. Take your POA documents with you.