Legal Question in Wills and Trusts in Florida

If an attorney-in-fact presents a durable power of attorney and requests otherwise confidential information, does attorney-client privilege nevertheless prohibit the attorney from disclosing information to the attorney-in-fact?


Asked on 7/24/09, 10:05 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I do not practice this type of law; however, I think I know the answer. The attorney at law cannot - and will not - violate the attorney client privilege. But, the attorney at law may give the attorney in fact information necessary to carry out his/her duties. If the power of attorney is limited (for example, to health care issues), the attorney at law may give the attorney in fact information specific to that limited purpose (for examples, a DNR order, health insurance policy information). The attorney at law will not give the attorney in fact irrelevant information which is protected by the attorney-client privilege (for example, the Will).

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Answered on 7/25/09, 7:00 am


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