Q: A relative of my elderly mother is trustee. He has been using funds personally but says she will run out of money.
He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills, using a walker etc. I live in LA but recently visited and took photos of the personal withdrawals by his family. These funds could be used for her care. I have contacted APS and they feel an investigation is appropriate. I would like to know what my legal options are as well bc my mother is intimidated by him and though concerned will not confront him. I do not know the total amount my mom has but her Morgan Stanley account shows over 1/2 M dollars.
A:
Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a serious crime--so be very careful about making accusations for which you have no clear evidence.) Is your mother mentally competent? Has there been a recent medical evaluation of her competency? Is your mother the sole beneficiary of this trust?
Your mother has the right to receive a full accounting of the assets in the trust, showing balances and transactions in and out of the trust, as well as a copy of the trust document. This is assuming it is a trust and not a court-ordered guardianship. A lawyer would have to review the trust document and answers to the questions above before making any recommendations.
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