Can a family member destroy a letter of incapacitation regarding their father? If they are a licensed medical prof. is it worse?

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My sister who is a licensed Nurse Anesthesiologist was handling all my fathers medical affairs while he was coping with terminal brain cancer. His treating Kaiser physician mailed her a letter of incapacitation. Stating " as we discussed your father can no longer make legal and medical decisions. You must invoke the power of attorney. It was discovered she destroyed this letter-and I quote " because she just wanted to take his car keys away and did not like how this sounded" He made two major changes to his estate plan / Trust after this letter that benefit her. Once discovered she denied it, then said it was no big deal. I thought Hippa laws strictly prohibit this type of thing and the trust calls for my father who was trustee to sign off as competent or the POA needs to get another opine

Attorney Answers

2
Ruth Mcmahon ·
This was clearly inappropriate. See if you can get a copy of the letter from the doctor. It may help you to have the new estate planning documents discounted by the court. You will need to consult an estate litigation attorney after you get the letter and show him or her the changes to the estate plan.
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Benjamin Summit ·
If your father made significant changes to his estate plan after he was deemed incapable of making such decisions you should contact an attorney as soon as possible. You should be able to get a copy of the letter from the Dr's office to help you.
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