Grangerland, TX Estate Planning Law Firms & Lawyers

Yes. There is no requirement that you live in the same state as your father in order to be his personal representative. However, if he had a will the person who was nominated would have priority. If there was no will then his wife (if living), and your siblings if any will have to duke it out.

Far better to simply have them sign a medical authorization allowing you to get the records. Getting a POA exposes you to liability and I doubt your business insurance would cover it. Plus, what you are talking about is really a health care POA.

I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.