Legal Question in Elder Law in California

Re: Assets Protected & Demented Elder runs amuck.....

I would need more information to fully answer your question but based on what I have, let me state the following.

Presumably the trust has been set up to care for the elder. From your description, it sounds like the trustee is not using the trust assets to care for the elder, presumably for his or her own benefit. If there is fraud or self-dealing going on (as opposed to a legitimate reason for keeping the assets away from the elder), the trustee can be removed and/or surcharged. The probate court is empowered to award attorneys' fees to interested parties who bring a benefit to an elder through these types of proceeings, usually through a conservatorship proceeding. You should sit down with an attorney who specializes in probate litigation and review the matter. Depending on the facts, the attorney may be willing to work for delayed or contingent compensation.

Re: Assets Protected & Demented Elder runs amuck.....

If the trustee is actually acting against the interest of the person, or is not doing there job of safeguarding the person, then family can get an attorney to seek court orders changing the trustee, with fees available and payable from the assets by court order. If interested in pursuing such orders and discussing the facts, contact me.