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Is this elder abuse? What are options that can be pursued to stop manipulation of elderly mother with signs of senility?

Aurora, IL |

Mother recently widowed and not able to manage financial matters without oversight. I've been helping her alot, but the estate plan is complicated. So, trying to get changes made to add corporate fiduciary to manage affairs with mother as co-trustee. The corporate fiduciary would then become successor sole trustee and executor. There are many beneficiairies that don't get along, so they would be a neutral 3rd party. Have already hired corporate fiduciary and in process of updating estate documents to make these changes. Mother was happy with this new arrangement, but now one sibling with successor trustee and financial POA is emotionally manipulating my mother with lies to try to stop her from making these changes. Motive is to retain control over of finances and trust assets.

Attorney Answers 3

Posted

Your situation is far too complicated for this simple online Q&A forum. Speak to your attorney. If you don't have private counsel, hire one who can advise you about elder care, estate planning and possible guardianship.

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Posted

Go to court and try an action for undue influence and appointment of a neutral qualified conservator.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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Posted

If mother retains capacity, she could revoke her current financial POA, and sign a new POA appointing a trusted agent. Also, mother could set up an irrevocable trust outlining her estate plan, to protect her and her plan against the financial abuse. All of this would need to be discussed with and set up by an attorney.
--Ashley Payne, Elder Law Attorney in Richmond, Virginia

This answer is meant to be general in nature and should not be construed as legal advice. Also, this answer does not create an attorney-client relationship.

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