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M
markey Asked August 2013

My mother has dementia. My brother convinced her to change her trust in his favor. What can I do?

I currently support her, paying for all her needs including 24hr care. My mother and I were very close. Since my brother had her change her trust she has become very paranoid and angry towards me.
The caregiver reports her mood is good until my brother calls then she becomes extremely agitated saying awful thing about me.
I have DPOA.

deedee28 Aug 2013
You have to decide if losing the assets of the Trust are worth the emotional energy and legal fees you would have to expend to reverse the changes to the Trust. I recently walked away from a substantive inheritance because emotional freedom is more valuable to me than being held hostage to unfounded accusations and verbal abuse. Having peace in one's life is priceless.

jaern123 Aug 2013
I'd contact an Elder Law office. If she has dementia, you may need to file for guardianship.

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markey Aug 2013
Thank you LadeeC.
Her doctors have indeed diagnosed her dementia prior to my brother changing her trust. The problem from what I understand; if she is able to answer 4 questions asked by her lawyer accurately at the time she changes her trust it's valid even if a second later she is completely demented.

LadeeC Aug 2013
I suspect there's more going on here than you've shared, but, basically ..

.. if you have DPOA, first: is it for healthcare and/or legal matters and second: had your mother been determined to be mentally incompetent for legal and financial and medical matters? If so, I'd be getting to an elder's specialty attorney and see if the change is legal. If she's still legally sound of mind, and changed it so that you no longer are in control, hand the keys over to your brother and walk away. Don't get caught up in being a slave.

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