Gigi124 Asked June 2022
How do I get legal guardianship/conservatorship of my mother?
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Her trustee is guilty of Financial elder abuse, polyvictimization etc. and I
I have to protect my mother. Mother’s trustee has been paying all my adopted brothers' lawyers with mother's Trust money! They know I cannot afford counsel and so far have been getting away with this abuse for years. What can I do to protect my mom?
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2. Do you know what kind of trust your mother has? Is it a revocable living trust or an irrevocable trust?
3. Is your mother incompetent to handle her financial affairs? There are degrees of dementia. An elder law attorney can help determine this.
4. Do you know the terms of the trust?
5. Does the trustee distribute money to beneficiaries now or is the trustee supposed to distribute assets after your mother dies?
6. Are you a beneficiary?
7. If you are, do you receive funds currently or will you only receive money after your mother dies?
8. As far as you know, is your adopted brother a beneficiary?
9. Are there any other beneficiaries?
10. In general, a trustee has to provide accounting to current beneficiaries according to what state law says and according to the terms of the trust.
11. The trustee is usually not required to provide accounting to beneficiaries who will receive assets from the revocable living trust after the person who created the trust dies. Again, per state law.
12. However, if your mother is deemed incompetent to manage her financial affairs, the trust usually becomes irrevocable as it would be if she had died.
13. Therefore, if that's the case and you are a beneficiary, you probably can request an accounting from the trustee.
14. As far as I know, and I could be wrong, obtaining guardianship/conservatorship of your mother now will not address the trust misallocation problem.
15. To obtain guardianship/conservatorship of your mother -- assuming she has not assigned anyone durable medical or durable financial powers of attorney -- you will have to go to court.
16. I suggest you try to think all this through in preparation for talking to any elder abuse agency your state has.
17. Finally, I hope all these questions will convince you that if you are certain that the trustee is misusing your mother's trust funds you really should consult with an attorney. Gather as much information together as you can and then consult with a trust and estate attorney. You may find that an hour of their time will not cost that much.
Remember that state laws vary and you need to follow the laws of the state in which your mother lives. Also, these are suggestions and not legal advice.
Because mine converts to a foundation upon death, if incompetency converted it, my care would not be covered.
Just curious about how it can just convert without death.
If there is abuse and fraud, and you wish to bring a case with the courts for elder abuse and financial abuse of an elder call APS. Present them with your EVIDENCE of this fraud. They will look at your evidence and decide whether to open a case or not.
Why do your adopted brothers need Lawyers, may I ask?
If you cannot afford an attorney to investigate your allegations of fraud take your evidence to your District Attorneys Office.
Again, you will need evidence of abuse of their fiduciary duty.