QUESTION

What papers do we need to file to have someone from the court to oversee my mom’s affairs?

Asked on Sep 30th, 2013 on Estate Planning - California
More details to this question:
My mother has dementia and can no longer handle her finances or medical care. My sister is in charge of everything and is not letting my brother and myself anything that is going on. She will not tell us where my mother is, how she is, or anything about my mother’s finances. My sister has made the statement that she is going to draw out all of my mother’s money from the bank and that she has the right to do whatever she wants. The following are from my mother’s revocable trust and patient advocate. DESIGNATION OF PATIENT ADVOCATE FOR PERSONAL CARE, CUSTODY, AND MEDICAL TREATMENT 1. Patient Advocate, I designate my daughter (my sister’s name) as my agent and advocate with respect to my personal care, custody, and medical treatment. Should she be unable or unwilling to act as my agent and advocate, I designate my Sons, (my name, brother’s name) as my co-agents and advocates. REVOCABLE TRUST I (my mother’s name) on this day sign this Trust Agreement (“Agreement”) with (my mom’s name) and (my sister’s name) as trustees, both of whom, and the survivor of them, and any successor trustee, will be called “Trustee” in this Agreement and referred to in singular neuter pronouns. 4.1 SUCCESSOR TRUSTEE. When I am unable to serve as Trustee or as a co-Trustee (as determined and certified in writing by any remaining, or if none, the next successor, Trustee), or if I fail to select in writing a successor Trustee within 30 days after receipt of knowledge of the then sole Trustee’s resignation or refusal to act, the following, able and willing to act, shall become successor Trustee: First (my sister’s name), Second, (my name). At my death, both of those named above willing and able to act shall act as Co-Trustees. If only one named successor Trustee is able and willing to act, that successor may serve as sole successor Trustee.
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11 ANSWERS

Edwin K. Niles
You might want to ask for a consultation with an estate lawyer. It might be necessary to file an action in the Probate Court.
Answered on Oct 02nd, 2013 at 3:39 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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You can file a petition in the trust matter and/or you can file a petition to establish a conservatorship.
Answered on Oct 02nd, 2013 at 3:11 AM

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It sounds like you are not in Oregon, you need advice specific to your state. My 2 cents worth, though? Lawyer up now. Everything will be done and irretrievable if you wait.
Answered on Oct 01st, 2013 at 3:35 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You are advised to obtain the service of a probate/trust litigation attorney immediately to have yourself appointed as the conservator of your mother and her estate, and to compel an accounting by your sister of the trust assets.
Answered on Oct 01st, 2013 at 3:21 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Get an attorney where mom lives and ask to be named guardian and conservator of her estate. Use the comments from your sister about taking the money as the basis for having somebody to take care of everything.
Answered on Oct 01st, 2013 at 3:20 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You have a right to know where your mother is and how she's doing. Your sister cannot prevent you from seeing her or take all of her money for her personal use. Contact your local agency on aging or senior citizens for assistance in this matter. You can also petition the local court to call your sister to a hearing to determine if she is making decisions based on your mother's best interests.
Answered on Oct 01st, 2013 at 2:31 PM

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Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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From the information you have provided, it looks like your sister is the initial co-Trustee and successor Trustee of your mother's trust. She does have a right to handle your mom's affairs within the provisions your mother has set up in her trust. If you feel she is not fulfilling her duties as Trustee, there should be provisions in the trust that address when and how you can remove her as trustee. If she is committing any type of fraud or is in breach of her fiduciary duty, you can bring an action against her in Probate Court. I would suggest you have an attorney review the facts of this case as well as the trust document to fully answer your question. Please let me know if you have any further questions.
Answered on Oct 01st, 2013 at 2:14 PM

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Probate Attorney serving Las Vegas, NV
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I suggest contacting the Senior Abuse and Neglect division of the local police department to make a report and request that they look into the matter. If that does not work, make a referral to the County Public Guardian's office. In Las Vegas, that is the Clark County Public Guardian 702 455-4332. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 01st, 2013 at 1:59 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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First this is NOT an employment matter its a PROBATE matter Second when acting under a power of attorney, as a trustee, etc. your sister has a duty to act in your mothers best interest.. she legally does not have the right to do whatever she wants. You can file a petition for guardianship of your mother in the county probate court of the county where she lives (or last lived). and clearly state that you sister is abusing her powers under the power of attorney granted to her. It will be substantially easier if you contact an attorney.
Answered on Oct 01st, 2013 at 1:20 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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You may not be able to get the judge to agree with you. It sounds like your mother selected your sister to handle this. A judge may not be willing to second guess this. While your sister would ideally cooperate and communicate with you, she is not legally required to do so. Going to a judge may help, but it is going to impact your relationship with your sister going forward. Your best bet would be to consult with an attorney about how best to proceed.
Answered on Oct 01st, 2013 at 12:59 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Go file a conservatorship and bring the issues to light. You will need an attorney for this as it is a complicated process. You may be able to have the attorney fees paid from the conservatorship estate if you can show good cause and show that your sister is doing something wrong.
Answered on Oct 01st, 2013 at 12:38 PM

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