Arlington, VA asked in Estate Planning, Civil Litigation, Elder Law and Probate for Virginia

Q: Can a trustee legally represent a beneficiary in court and be her attorney? From any false accusations from her sibling

My question: Is a trustee (also an attorney) allowed to legally represent and defend a beneficiary in court and be her attorney if there are any possible future legal suits against this beneficiary from her litigious jealous sister? For example: for medical neglect? The trustee is NOW the new Medical POA and Durable POA. The beneficiary is the caregiver for her elderly mother. Is the trustee allowed to legally represent a beneficiary (who is the caregiver , CNA, for her mother for the past15 years) from her litigious, dangerous, psychopathic sibling who is likely to pursue future criticisms/ legal action?

Is this a conflict of interest? The trustee said she would defend the beneficiary, but is the trustee being truthful or buttering the beneficiary up? The beneficiary cannot afford to pay for or hire her own attorney (unemployed).

Is the trustee (also the Medical POA and Durable POA) allowed to legally represent the beneficiary (caregiver)?

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Alexandria, VA
  • Licensed in Virginia

A: I regret that I do not handle matters that involve Trusts and/or Trustees. Sorry.

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