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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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1. How do you know that the trustee is misusing trust funds? Not that you think the trustee is but that you have facts.
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.
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Isthisrealyreal Jun 2022
Wouldn't the trust have to specify that incompetence converts the revocable trust to a irrevocable trust?

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.
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In addition to AlvaDeer's very good suggestion you can also report the abuse to your State's Elder Abuse number. Generally a toll free number.
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A legal fight with a current guardian will be costly, above 10,000. So that isn't someplace you want to go.
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.
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Gigi124 Jun 2022
I have evidence - just call the district attorney’s office in Mass?
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Get our own elder attorney to file for guardianship.
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AlvaDeer Jun 2022
This is pretty costly and our OP says she cannot afford an attorney. She is claiming fraud and if she is doing this she likely has evidence she could bring to the district attorney and to the APS. She will, however need more than accusations. Will need evidence.
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