I live in Arkansas. My partner and I have been together for 18 years,he has a "Revocable Trust" and has had Altzhiemers for 6 years and Lewi Body Disease for 2 years and is rapidly deteriaiing in health. I am listed in the trust to stay in our home till I passs away. His daughter forged his name on Power of Attorney paper 18 months ago while he was hospitalized and took out $100,000 CD's and put in bank account under her name and his . also she took 50,000 we had in investment by again forging his name, He hasn't been able to wirte in over 4 years. I worked all the years we have been together except for the last 19 months of which I.ve stayed home and taken care of him, without any help form his daughter or her 2 brothers. I was listed on both the CD's and investment to recieve both.
You need to look to the terms of the trust. Were the assets in the trust and if so, who was the trustee? Generally your partner would have been the trustee and there should be language in there stating who is the successor trustee. Once your partner is deemed to be incapacitated by the physician, then the successor trustee steps in but this is very specific to the trust language.
If the assets were not in the trust, then the power of attorney would be the person who would be able to take care of the assets in the best interest of the principal (your partner). I generally work with family members who are the agent under the power of attorney. If we start taking money out of the name of the principal or gifting the money (for Medicaid purposes), I strictly follow the terms of the trust regarding distribution. If the trust says that the money goes to his daughter, then you will really have no recourse. However, if the distribution of the trust goes to you, you will have a case. However, I am not familiar with a "domestic lien". To my knowledge there is nothing like that in Arkansas law. However, co-ownership of assets would take precedence over any other terms.
Since your partner cannot write anymore, then you may want to file for guardianship but then you would have to fight against the children to get a judge to give you guardianship above the children. That honestly would be a big battle in my opinion.
I hope this helps. You are in a bad situation and I don't envy you. You probably do need to seek professional help if you are willing to do what your partner wants. Seek the help of an elder law attorney.
This is general information and not specific legal advice. You should seek the advice of your own attorney since seemingly simply facts can make a huge difference in how the law will effect your case.
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