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Elder protective services made 2 unannounced visits to my moms. I haven't received any information from them at this point, but my other sibling who was visiting mom last week said my sister, the POA, is hustling to get another lawyer to change mom's irrevocable trust and remove the family home that is in there and add that to her will with different beneficiaries before the court appointment. So far she has told this new lawyer that she does not have a copy of the trust so he just said he would do another one with mom's wishes. Meanwhile mom can't remember if she even ate or not.



Elder services takes a while with reporting, but my sister is moving at a rapid pace to change everything. Anyone know if I should contact the new lawyer and tell him that the trust is irrevocable and i have a copy and send it to him? to stop this from happening or stay out of it??



WORST: throughout all of this she is telling elderly dementia mom who is struggling with covid cough currently if something had happened to her this whole time things wouldn't be divided the way she wants it now and they need to get that changed.

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I guess it depends on what you think of your sister, because what she is pulling is completely illegal and she is a legal fiduciary and that means she can be prosecuted for enriching herself from moms estate.

Personally, I would not set by and let my sibling endanger my mom because of greed. This is the type of behavior that causes the courts to deny access to the senior. Do you really want that for mom?

See something, say something! It's a good rule to live by.
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Reply to Isthisrealyreal
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This sounds horrendous. Your sister is a piece of work. I don't know how to advise you. I just hope for a good outcome for your mother.
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markTS1970 Jul 9, 2024
thank you
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No legitimate, ethical lawyer would rewrite a trust for someone with that level of memory impairment and cognitive deficit. I'm not sure it's legally possible, even if someone is a FPoA.

When I take my 105-yr old Aunt to see her elder law attorney, she is *always* taken aside and privately interviewed to determine whether she has capacity and is not being coerced by me or anyone.

I would ask your own attorney whether this is possible (and it may depend on what state or states this is taking place in). Are you a trustee?
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markTS1970 Jul 9, 2024
Yes I’m one of the trustees with her. Is it ok for me to contact the lawyer my sister is talking to and say mom doesn’t know what she is doing and can’t sign anything and send him moms medical reports that state that.

I don’t have an attorney at this point just letting elder protective services handle it all


my sister was dating this lawyer so I guess she has him thinking she’s trustworthy
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I did not think an irrevocable trust could be changed. Thats why its irrevocable. I would also think anything done during a APS investigation could be null and void if investigation finds sister's POA is to be revoked. If you know what lawyer she is seeing, I would ask APS to give him a heads up. plus, a POA does not have the right to change a Will or a trust. I hope Mom has a formal diagnoses.
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markTS1970 Jul 9, 2024
thanks so much
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I'm not update on this so I don't have any advice, but learning about it all. My vote is a big YES

Go for it. Give them all and any info you can.

I'm starting to document things cuz my mom's POA is doing nothing and I'm doing all the work. I'm not going to hold back on anything if the "stuff hits the fan"
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Reply to Anxietynacy
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