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There is already a living trust in place. We found a the caregiver did this by seeing the charge to her bank account. Caregiver says my aunt told him to do it and wanted the family left out completely.


Is this legal in CA? What recourse do I have?

First, how did you learn about this?

Second, do you have a copy of the new Trust, and if so, does it completely revoke and replace the existing LT?   

Third, apparently someone in the family has access to the bank account records.   On what basis? Are any of you subject to DPOA appointments?  

Fourth, you use the word "charge" to the bank account.  Did she write a check to this person?    Is she suffering from any dementia or cognitive dysfunction that might affect her ability and clarity to know what she's paying for?

There are other questions, including recourse options, but it's important to know the basic facts first.  

BTW, what information can you provide on this caregiver?  Age, length of service, method of hiring, etc.
Helpful Answer (2)
Reply to GardenArtist
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Please get a better background check on that caregiver. I doubt the agency did any at all, if that happened. Also, have lawyer decide if you need a police report filed. That should get you started on reversing any bogus paperwork. You may have a case against the agency, if they never did a background check. Everyone here: don't ever leave your LO alone with any unknown person for care, or cleaning job, or anything! Too many criminals see them a 'sitting ducks'! God help us...
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Reply to Tiger55
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Caregivers do not draw up Living Trusts. A living Trust is a document drawn up by a lawyer FOR a client on her specifying what is to be done. A RATIONAL client. Something is off here. Was this one of those crazy things where they download it, and have it notarized and there is no lawyer present? If so, is this the first time that your aunt has given POA? Is this person from an agency that vetted him. Have YOU vetted him, or whomever hired him? If this was done without a lawyer and with a demented Aunt then you need to file a police report at once, as this could be elder abuse. You need to speak with the aunt. Does she fully understand what she has done and has she told you why she did it. We need a LOT more information here.
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Reply to AlvaDeer
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Nbenson, I see from your profile that your Aunt is 91 years old. Honestly, I am very surprised that your Aunt has a male as her caregiver, this is out of the norm. Who had placed the caregiver in her home to take care of her? Was he from a licensed caregiving Agency?

Normally an Elder Law Attorney would speak to your Aunt in private, without any family members or even the caregiver in the office. That way the Attorney can see if the elder is of clear mind. Then go over the legal documents that she would need, and who would get what.

Since the caregiver was able to take the Aunt to an Attorney, so can you or whomever is your Aunt's Power of Attorney. That person can make a new Trust. It maybe suggested that a Irrevocable Trust be made, or gain Guardianship.

If your Aunt is in fact of clear mind, then she can do whatever she wishes with her estate. What has me scratching my head, why didn't she have the Attorney be her Executor instead of the Caregiver, if she didn't want the family involved? And why would the caregiver even accept this position as Executor?
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Reply to freqflyer
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Is your Aunt of sound mind? Did the caregiver take her back to the lawyer who made up the first trust?

Are you her POA (and is that why you are able to see her bank statements?)

Have you asked your aunt about why she did this?
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Reply to BarbBrooklyn
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