Guardianships and Turning Over Files to the Wrong Person

If your client is now incapacitated, remember that you cannot hand over your clients file to anyone except your client or the clients court appointed guardian.

Guardianship and turning over files to the wrong person. Are you involved in a family guardianship where your client is now incapacitated and a family member like a spouse or a son calls you up and says “Hey, give me Dad’s file or give me Mom’s file”. Be careful, remember who your client is and remember that you can’t give your clients file to anyone except your client or somebody pursuant to a proper document or an order such as the persons court appointed guardian. Many times in guardianship situations estate planning lawyers improperly give away a clients file to family members who are not clients or who otherwise don’t have permission to get those documents.