My mom and sister are Trustees on Mom and Dad's Revocable Living Trust.
Mom has dementia and no capacity to make legal decisions. My sister as Trustee is handling her care (Full-time caregivers, dr. appts., all decisions). Sister has become increasingly hostile towards me, and our communication has deteriorated to the point of non-existence. The last text I sent her was not replied to.
I'm getting concerned about my sister not fulfilling her duties as Trustee and/or possibly breaching her fiduciary duty. Her daughter lives with her and has been unemployed for a few years now. With caregivers 24/7, when someone calls in sick, it's usually hard to find a replacement at the last minute. Sister recently texted the beneficiaries and said her daughter has been stepping in during these emergencies and she thinks she should be paid for it. I replied saying I had no problem with that as long as she is paid through the company that hires the other caregivers.
I just learned from one of the caregivers, Mary, that Sue, another caregiver, had texted Mary and asked if she could work Sue's shift one day. Mary agreed. Then one of them told my sister about the agreement, and sister said from now on all caregivers have to go through her, and Mary will not be working Sue's shift, that her daughter will, because her daughter "has the least amount of hours."
This is different from the original statement by sister to have her daughter step in for an emergency. To me, it seems like she is now giving her daughter preference.
I have a copy of the trust, but I don't understand it completely. The trust says the law firm that drew up the trust is also the Trust Protector, but I'm not even sure of all the duties of the Trust Protector.
Some questions I have are: Does a revocable trust automatically become irrevocable if my mom is incapacitated, and how does that change things? I've read online that for an irrevocable trust, the Trustee is now required to make yearly accountings to the beneficiaries. Also, does something legally need to occur to determine that my mother lacks capacity, besides a mention in notes during a doctor visit for some other issue?
I'm concerned that my sister doesn't understand her role as Trustee, but I don't even understand it, so what I need to do first is understand the trust.
All that leads up to the first question: Do I contact the law firm that drafted the trust (and Trust Protector) to ask questions about the trust? Or do I contact a separate law firm to ask questions about the trust? I need to understand the trust first before I can address the (possible) issues of my sister's duties as Trustee.