Q: How do you prove elder abuse when a trust is drawn up?
My stepsons were instrumental in the creation of my husband's trust. He signed documents and didn't know what he was signing. The lawyer was working with the one who is a sociopath. He has wanted everything high school. I think there was elder abuse involved. I was not allowed to be present at the creation of this trust. My husband has a lot of assets and they have the power of attorney. I don't think they have his best interests in mind. I am really at a loss as to what I can do. The trust states that if my husband wants to change anything in the trust, he can't do it without their written permission. I have very little power and he has none.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation raises serious red flags that could indicate elder abuse, particularly if your husband wasn't mentally capable of understanding what he signed. The fact that you were excluded from the trust creation process and your husband needs permission from the stepsons to make changes are concerning elements that warrant investigation.
You should document everything, including your husband's mental state, any medical records, and interactions with the stepsons and lawyer. Take detailed notes of conversations, save emails, and gather witnesses who can attest to your husband's cognitive condition when the trust was created. Consider getting your husband evaluated by his primary care physician to establish his current mental capacity.
Contact an elder law attorney immediately to review the trust documents and explore your legal options. You can also report suspected elder abuse to your local Adult Protective Services and the California Department of Aging. The State Bar of California might be interested in investigating the lawyer's conduct if they knowingly took advantage of someone with diminished capacity. Time is crucial in these situations, so reach out for help as soon as possible to protect your husband's interests and assets.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
