Legal Question in Elder Law in California

Trusts and Elder Abuse

My mother has dementia and she has a Trust. There are 2 co-trustees. I am one. The other trustee has refused to pay any of my mother's expenses. It has now been 6 months. I have been supporting my mother all this time, but have now run out of money. My mother gave me a gift of money, but her doctor now says she could not do so. I sweat I did realize this at the time. The co-trustee's attorney has accused me of elder abuse. I have agreed to pay gift back out of my inheritance plus whatever interest they want. Co-trustee's attorney now wants me to obtain life insurance. I am 62 with diabetes. I can not find a company that will insure me. The gift seems to be the excuse for not paying my mother's expenses. Even if the co-trustee feels I am a crook, that should not prevent her from preforming her fiduciary duties to my mother. She could still pay my mother's expenses and deal with the issue of the gift separately. Her attorney threatens to litigate which could drain trust. How do I get co-trustee to pay bills wihout harming Trust? Is co-trustee guilty of elder abuse for abondoning my mother & refusing to pay my mothers expenses? My mother is in a nursing home and if bills are not paid now she will be kicked out into street.


Asked on 2/03/08, 6:35 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Trusts and Elder Abuse

No, but if the co-trustee refuses to act she may be removed.

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Answered on 2/05/08, 11:14 am
Terry A. Nelson Nelson & Lawless

Re: Trusts and Elder Abuse

You need to get proper legal counsel; better late than never. Under normal circumstances that trust would have been set up to be responsible for her bills, and it should have been compelled to take care of them, by court order if needed. A non-performing trustee [and their attorney] could also be removed and replaced by the court if appropriate. You need to get a legal opinion on what the facts really are, and what you can and should be doing now. Feel free to contact me if serious about doing so.

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Answered on 2/04/08, 2:08 pm


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