My brother is in Assisted Living, very mild mental impairment at age 85, but problems with balance necessitate care. His former partner and current friend is ALSO in care with dx. likely of Alcoholic Encephalopathy. He is more impaired mentally.
I manage my brother's financial Trust and Accounts, bills, etc. My brother is concerned for his former partner, who is younger than my brother, and would like to insure that he is leaving some funds for Partner's ongoing care in the event of my brother's passing as POD to Partner; he is not clear on how much the Partner has, and would like to leave his money to family if Partner is well enough funded for life expectancy.
Therefore the two of these men have gone to the Fiduciary who is managing the ex-partner's assets (Fiduciary was not court appointed, but CHOSEN by Partner with advice of lawyer 7 years ago when Partner had to enter care and could not manage his own finances); they have asked for an accounting of current assets. This has not happened despite letters. Though on the phone Fiduciary says he DOES send monthly accounting, these are not found. There have been confusing "phone calls" from the Fiduciary, saying he would send accounting to both my brother and Partner; my brother has not received. While the partner could be confused, my brother is not.
Now there has popped up evidence of a current CD of approximately 300,000, paying monthly dividends the bank assures Partner is in existence and being paid to Fiduciary, which Fiduciary has just denied existence of adamantly on the phone : "You DO NOT HAVE a CD with US BANK ".
All these problems have led to my brother and his ex-partner not trusting the Partner's fiduciary, and unable to get an answer about his ballpark assets. They are wanting to investigate all this --they are fearful that the fiduciary is not being honest, and they cannot get an answer.
How should they proceed? How can they have an accounting of assets? Must this be taken to an elder law attorney or are there steps to take first? Should they request a three way meeting with Fiduciary, Partner and my brother and a monitor from assisted living to sit in (if they feel legally able to do this; they are overall helpful). Is there anything that an Ombudsman can do about this?
I am not certain how to tell them to proceed in this. As I said my brother is mentally capable but made very anxious by all this. He has a very early Lewy's Dementia dx. and a benign brain tumor that impairs his mobility and balance a bit, but his long term memory is remarkable and his short term memory quite adequate.
Sorry this is so confusing. I am now feeling a bit dingy myself after even trying to WRITE this one.