Legal Question in Wills and Trusts in Arizona

Re: person with mild dementia sets up RLTrust

You need an attorney to review the trust and the pending petition, which sounds like it needs to be protested. Once a person lacks testamentary capacity, he cannot execute wills, trusts or powers of attorney, and a guardian is not supposed to undo an existing estate plan. There will be a hearing on the conservatorship, and her application needs to be objected to. See an attorney at once. If this involves Arizona, we handle these types of cases and you can have a free, no obligation consultation by arranging it at 480.835.1500.

Best regards.

Re: person with mild dementia sets up RLTrust

Mental Capacity to make a will or a trust is common, and possible even though that person may not have the capacity to make considered decisions about medical treatment or business affairs. You state that medical evaluation was done and he was deemed to have the capacity to make a trust, so it should be valid. If all the assets were conveyed to the trust, then the Trustee, and any successor trustee, has control of those assets. A person with the grantor's power of attorney has no authority over the trust assets or estate. Once the grantor was determined to have any legal capacity, his actions are of no force and effect. Any person appointed Guardian, will have the authority to make medical, care and all living decisions for the Ward, but does not have any right to spend money. A conservator only has rights and duties with respect to money and assets in the Ward's possession, not to the assets in the trust.

You should take action to protect this person, it sounds like the granddaughter is trying to take over, and perhaps, exploit the situation.