QUESTION

An attorney is responsible when he make someone signed papers and the person has Alzheimer's and is under strong medication?

Asked on Jun 30th, 2013 on Trusts and Estates - California
More details to this question:
My brother make my mother change/amended her trust, nominating himself as a only co-trustee taking me out of the trust. In original trust we are both, as my mother and father always wished! My brother hired a new lawyer and amended the original trust without my knowledge and 6(six) month later that my mother was diagnosed with Alzheimer's . She passed away a 2 months a go and even if there is a trust will my brother refused to do what's in. The trust ( that he amended) he control all the money. As well he took all my mither's belong ... How can an attorney accept do that??? It is not illegal what they did?? Since my mother was already with Alzheimer's and under very strong medication. I have letters of family members & neighbors to confirm what I'm saying! There is nothing I can do it???
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1 ANSWER

You certainly raise some valid concerns. Generally a qualified estate planning attorney will have a checklist that they go through to determine if a person is mentally competent to make changes to their trust. So, for example, an attorney will talk to the client (alone), talk to them generally about things, ask about their family, ask about their assets, etc.... If the attorney feels the client is mentally competent then they will make the changes being requested.  Each attorney is different of course. 
Answered on Jul 03rd, 2013 at 4:26 PM

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