Follow
Share

History


She lived with father 01/18 to 10/18 moved to american canyon.


Only comes a couple days at a time to bring to the doctor.


Nephew visits once a week after sister left , has Father sign revocable trust with nephew and wife get everything 11/26/18 . Sister found out and went for a visit and brought Dad to same attorney and had attorney draw up document to revoke the Trust dated 11/26/18 and sign new documents on 3/26/18.


Living Trust has accounts and the Manufactured Home in trust, but I don't think the house went into trust. Is that a violation of terms in document ? Also had 7 beneficiaries totaling 70,000.00 Everything else is left to half sister, which would include the house in trust, and his possessions and all residue. However after he went to assisted living she moved in to his house 3 weeks later and change the locks. Manager of Park provided a package to have her go to HCD and I suppose use the Durable Power signature authorizing adding and/or replacing his name on the Title. Elder Abuse? I have a phone message of her ditching my father and a text message the was abusive in it writing for proof of intent. Reschedules important doctor's appointments 2 months. Took away calendar that he wanted and I gave hime, reads his mail. Hasn't paid medical bill. Elder Abuse? What can I do to remove her of her powers due to Elder Abuse? He is much better in Assisted living and on 8/24 we had a discussion about what he had signed, he was convincing that he was taken advantage of and said to arrange to meet lawyer to change, but when I arrived to take him, he no longer wanted to, saying there is nothing he could do. Now he says she is in charge. Questionable answers. Not officially declared incompetent, unless the law defines moving to assisted living as a cause for incompetency?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Your profile says your dad has dementia. Honestly because of everyone involved and the trust’s being created and revoked, I think if you want to get involved you will need to pursue guardianship. It sounds like your dad is not mentally competent and is being taken advantage of by his nephew and his daughter.
Helpful Answer (1)
Report

Some questions:  What is your goal?   Where were you when this was happening?   Are you living close to your father?  

What specific documentation do you have?  

Are you talking about financial or physical abuse, or both?  

What would you want to see happen?
Helpful Answer (0)
Report
Bluetelu Oct 2019
This is what I want and need to find a lawyer to get this done. a court determines that the agent is abusing his authority or violating his fiduciary duties, the court can revoke the durable power of attorney and appoint a guardian or conservator.. The fact that she had the power since March to help him but let him continue to live alone, I have visited several times since March and what finally got him the help he needed was me demanding she take action and that I am not leaving till you do what is required of you. He was isolated, abandoned by her last year after caring for him for 9 months. With her authority she should arranged for care as soon as she made him sign all documents for full control. She instead visited and didn't even think anything was wrong with him. To take his home was not in the documentation and he told me he wanted to sell but Sharon has it now. His assisted living cost 6500. monthly and he will be running out of money and needs the 200,000 from the sale of his home to continue living there, I would like to take action against her for abusing/neglecting her authority to provide the best for him.
(0)
Report
See 1 more reply
I agree with Cali that from what you tell us (and you must acknowledge that we have only YOUR side of things here) that, if your Dad has dementia, then he may be taken advantage of. HOWEVER, I can make as good a case for a Sister writing to say that she and nephew are there doing the work, were made the POA for Dad, and that it is YOU who are interferring.
In the end the only answer is more money up a Lawyer's sleeve (I love em, but....).
You will have to seek guardianship. I would consider, if you do this, asking that either YOU be made guardian or that your father become a ward of the State and the courts.
I deal with HCD, in regard to my own brother's trust, and his trailer. I am allowed to pay his license fees and have them mailed to me as his POA. I will be able to see it for his Trust when he decides he wishes to do so, or assist in this. I will tell you never to be jealous of the person doing the POA; it's a PAIN!!
I feel, if your father DOES have dementia, that he is currently in the Twilight Zone, as I call it, of the War of the Siblings. This is an exceptionally unpleasant place for an elder to be. He is now torn between you being hauled off to a lawyer who apparently is rewriting a trust for an impaired man. Not an especially wise Lawyer though I imagine he can plead that your Dad answered appropriately and agreed to everything.
Hon, what a mess you are in. If you plead to the court with a laywer for guardianship and it is awarded to you, you can be made Trustee of your Dad's trust, but you will be then in charge and I would say watch what you wish for. You will be able to recoup your court costs from the estate. You will owe the courts METICULOUS and SCRUPULOUS accounting. If Dad has only a manufactured home and a small home, none of this is worth this awful war in all truth. And likely Dad will end on Medicaid with recovery of everything he had upon its sale in any case. As this is a revocable trust, not an irrevocable one. For me I would be waltzing away backwards as fast as I could. But you have to make the decision for yourself. I wish you good luck. I hope you will update us if you find ways to iron all this out, but there are a whole TON of wrinkles in it. Good luck!
Helpful Answer (0)
Report
Bluetelu Oct 2019
I worked in the Banking industry all my adult life and running the estate would be done ethically. This half sister just wants his estate and is not providing the care with the authority she was given. If he were to die now she will get approxmiatly 350,000 dollars for the unsatisfactory management of his estate, She was so mad that I demanded her to take action she left a voice messages saying this is too much I should have just let nephew take it all. But as soon as Dad went to assisted living she took possession of his home and personal property prematurely and should be held accountable for her doing so. Anyone agree. The fact that she came to visit to bring him back to attorney and they draw up all documents that clearly show the bias in all areas, and the manipulation that occurred. I visited him during this time and was the one to research the medication he was on and got him off of it cause it was causing behavior disturbances.
(0)
Report
See 1 more reply
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter