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.
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.
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.
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.
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 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.
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.
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.
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.
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.
https://www.estateplanning.com/Why-Do-I-Need-a-Power-of-Attorney-if-I-Have-a-Living-Trust/
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.