QUESTION

How can I gain power of attorney to my mom's living trust?

Asked on Jan 19th, 2014 on Trusts and Estates - California
More details to this question:
My parents sey up a living trust in 2006. My father passed away in 2009. During the last four years, I have been helping my mother with everything: doctor's appts., bills, & grocery shopping as she doesn't drive. She has been getting worse in her paranoia. She has accused me of stealing from her, changed the locks on the doors, and thinks that I am only interested in her money. We've gone to three psychiatrist & psychologists appts. She insists there is nothing wrong with her. I know she is not well. If I don't write the checks for the bills, things start to bouce. Last week, I had to go to Chase Bank with her to discuss $250 worth of insufficient funds fees. Luckily, they reversed the charges. I can't read what the instructions are in her trust because she doesn't allow me to view the book. I think it says something about me handling things in the event she can no longer do so. What can I legally do?
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1 ANSWER

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
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If you know the name of the lawyer who helped set up the trust, I would give him or her a call. Realize, however, that the attorney is ethically bound not to divulge confidences between the attoeney and the client; however, a client will often have provided in the client's estate planning documentation for successor agents and successor trustees to take effect when the client becomes incapable of handling her own affairs.  Those documents will often define the standard of competency for this purpose, and name the persons responsible for determining this. You will not be able to coerce your mother into doing anything she doesn't want to do unless you get the courts involved.  I would avoid this court involvement if at all possible - it is a last resort.   Realize that if your mother is competent, she may decide that you are "at war" with her and she might remove you as a beneficiary and as a fiduciary. Having gone to three different psychologists, can they suggest anything for her benefit?  They also have ethical responsibilities, so unless you have a health care directive and waiver of HIPAA rights from your mother these professionals may also have a difficult time speaking with you - another reason to try to contact your mother's attorney first (if asking your mother directly does not work). Does your mother have anyone she trusts?  Can that person be contacted for assistance?  If she has a religious life, perhaps a minister, priest, or rabbi?
Answered on Jan 20th, 2014 at 4:13 PM

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