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gbrendus Asked August 2017

My brother-in-law's adult sons had him sign a new trust, when the doctor said he had sever dementia. Should the attorney have allowed this?

Dr. said brother-in-law had severe dimentia but adult sons had him sign a new trust. My sister has 800 pages of documents stating this. We have read a lot of documents and they seem to say that the attorney should not have done this for the boys. 

freqflyer Aug 2017
I wonder if the Attorney who drew up the Trust was an Elder Law Attorney which specializes in such Trusts? Usually an Attorney will not allow a Trust or any legal document to be signed if they sense the client doesn't understand what is going on.

I am also curious why your sister was surprised that her husband had signed such a document? Usually there is a lot of paperwork needed to be brought from home so that the Attorney can figure out where all the financials are located. Or did the sons have all that information all ready for the Attorney? Are the boys the Dad's financial Power of Attorney? And usually the Wife will have her own Trust done at the same time.

I know, this can be so complex to follow :(

Grammyteacher Aug 2017
I think the only thing that could be done would be through a court... Get a good lawyer to help. Sorry

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