History
She lived with father 01/18 to 10/18 moved to american canyon.
Only comes a couple days at a time to bring to the doctor.
Nephew visits once a week after sister left , has Father sign revocable trust with nephew and wife get everything 11/26/18 . Sister found out and went for a visit and brought Dad to same attorney and had attorney draw up document to revoke the Trust dated 11/26/18 and sign new documents on 3/26/18.
Living Trust has accounts and the Manufactured Home in trust, but I don't think the house went into trust. Is that a violation of terms in document ? Also had 7 beneficiaries totaling 70,000.00 Everything else is left to half sister, which would include the house in trust, and his possessions and all residue. However after he went to assisted living she moved in to his house 3 weeks later and change the locks. Manager of Park provided a package to have her go to HCD and I suppose use the Durable Power signature authorizing adding and/or replacing his name on the Title. Elder Abuse? I have a phone message of her ditching my father and a text message the was abusive in it writing for proof of intent. Reschedules important doctor's appointments 2 months. Took away calendar that he wanted and I gave hime, reads his mail. Hasn't paid medical bill. Elder Abuse? What can I do to remove her of her powers due to Elder Abuse? He is much better in Assisted living and on 8/24 we had a discussion about what he had signed, he was convincing that he was taken advantage of and said to arrange to meet lawyer to change, but when I arrived to take him, he no longer wanted to, saying there is nothing he could do. Now he says she is in charge. Questionable answers. Not officially declared incompetent, unless the law defines moving to assisted living as a cause for incompetency?
3 Answers
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In the end the only answer is more money up a Lawyer's sleeve (I love em, but....).
You will have to seek guardianship. I would consider, if you do this, asking that either YOU be made guardian or that your father become a ward of the State and the courts.
I deal with HCD, in regard to my own brother's trust, and his trailer. I am allowed to pay his license fees and have them mailed to me as his POA. I will be able to see it for his Trust when he decides he wishes to do so, or assist in this. I will tell you never to be jealous of the person doing the POA; it's a PAIN!!
I feel, if your father DOES have dementia, that he is currently in the Twilight Zone, as I call it, of the War of the Siblings. This is an exceptionally unpleasant place for an elder to be. He is now torn between you being hauled off to a lawyer who apparently is rewriting a trust for an impaired man. Not an especially wise Lawyer though I imagine he can plead that your Dad answered appropriately and agreed to everything.
Hon, what a mess you are in. If you plead to the court with a laywer for guardianship and it is awarded to you, you can be made Trustee of your Dad's trust, but you will be then in charge and I would say watch what you wish for. You will be able to recoup your court costs from the estate. You will owe the courts METICULOUS and SCRUPULOUS accounting. If Dad has only a manufactured home and a small home, none of this is worth this awful war in all truth. And likely Dad will end on Medicaid with recovery of everything he had upon its sale in any case. As this is a revocable trust, not an irrevocable one. For me I would be waltzing away backwards as fast as I could. But you have to make the decision for yourself. I wish you good luck. I hope you will update us if you find ways to iron all this out, but there are a whole TON of wrinkles in it. Good luck!
What specific documentation do you have?
Are you talking about financial or physical abuse, or both?
What would you want to see happen?
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