How do I remove a parent with dementia as trustee of family trust?

Does the Trust document contain instructions on how to handle the Trustee's lack of competence. Is there an incompetent trustee clause?

A similar story is told in the case of billionaire Donald Sterling:

https://www.agingcare.com/articles/removing-a-trustee-donald-sterling-case-170825.htm

A Probate a Estate Settlement lawyer can help you identify your options.

You would have to put together a very strong case that he is incompetent and get legal guardianship. It would be very difficult. Or possibly consult an attorney to see if there is a case to be made about abusing the terms and conditions of the trust. With Dad being an attorney I think it will be quite a battle in any event.

Who's the Settlor? I.e., who created the Trust? That's the person who can amend the Trust, assuming it's a revocable trust. If it's your father, you have an uphill battle to effectuate change.

You said it's a "family trust". If your father created the trust, even if it's for the family, and it's his money he's spending including to fund his law practice, I think you'll have a harder time challenging his authority.

BTW, who diagnosed your father with dementia? Do you have this diagnosis from a medical person in a medical report? Is your father getting any medicinal treatment for it?

I also wonder what's meant by funding his law practice? This isn't a profession that has high operating costs other than the office. If he's taking clients pro bono or taking draws against his practice, that's within his right and discretion.

Also, how is it that you're aware of what he's spending? And what is he spending it for?

I think some more information would be helpful.

kaem63, this posting of yours was brought to my attention. https://www.agingcare.com/discussions/My-Fathers-Friend-or-Foe-144358.htm, down the thread you had posted about your father having a female friend. Could this be the reason why your father's business has what you consider high expenses? He is paying her out of his business checking?

Look to the wording in the trust and see if there is a provision that talks about his unwillingness or inability to act. Take a copy of it to an attorney and get legal advice.

Read the terms of the trust and consult with another good attorney. Trusts usually have a portion that designates a "successor trustee". However, if your father is deemed incompetant, that would not be possible and you would have to go after guardianship. Are there any colleagues of your father that would vouch for the fact he is not capable if you were to go to court.

Are you living with or near your father. We had an elderly gentleman with dementia in our area who insisted on using his lifetime attorney with dementia in a substantial real estate deal. End result: loss of large ranch, lawsuits, horrifying deal. I guess my point is, is your father still actively practicing. Make sure his liability and errors and omissions insurance is paid up until you can get him to quit?

The accountant has discussed the financial issues with my dad and I. My dad understands about the losses while we are discussing it. But, within a very short period of time it is all forgotten, and he makes no changes.
One of the other attorney's in the office has been covering for my for years. But, is it because he is loyal to him or because he pays no rent and nothing toward the secretarial costs? I feel they are taking advantage of his diminished capacity.
My brother and I have stepped in recently and have told the other attorneys that they need to start paying rent. But, it's still not enough to over the overhead.
I have had a durable power of attorney for several years. I could close down the office if I wish at any time. But, the problem is what you've stated. If I did that he would have nothing to do with his days.
This problem is incredibly stressful. I wrestle with what to do on a daily basis. How long can I let this continue?
My dad is almost 89 years old. Everyone he comes in contact with realizes he has a problem with his cognition and memory. How can they not? He wears the same clothes everyday until the literally wear out and I replace them. But, the new items have to be exactly the same. He will ask a question, get the answer, and by the time you have finished the answer, he asks again. His short term memory is gone.
I wonder how many other professionals are still working with this problem. I have looked into if there are review boards to deal with these types of situations. There are not. So, how many lawyers, doctors, etc, are out there still working with these types of problems?
Thanks for listening.

How is the trust setup that allows a successor to step in? Have you seen the document? If letters from two doctors is required for you to become trustee, then get them. Your dad still drives himself to the office each day? Have the other attorneys been told of your dad's diagnosis? Would it help your family and Dad to be able to read of similar stories? There are many well known people that have been diagnosed with dementia perhaps reading some of those stories would be helpful to your family.

kaem63, your main question was "How do I remove a parent with dementia as trustee of family trust?".... you will need to follow the advice of the attorney who drew up the trust. You also mentioned "we've been told that no judge will find him incompetent".... told by whom?

The attorney I had worked with many moons ago was also very well known within the inner circle of local attorneys, and he was quite eccentric. He did hire a law clerk, paid him a salary, to help in the law practice. I am wondering if your Dad did the same thing with the two attorneys who were in his building.

You have POA. GET LETTER OF INCAPACITY!. Done. Dont do guardianship! Dealing w same thing. Your poa is your power!