My daughter has a Special Needs Trust Fund set up by a lawsuit from where I sued Walmart, the attorney handled the case and without me knowing, I was unaware that the attorney was suffering from mental illness at the time. The attorney failed to provide Guardian Ad Litem signed document, she failed to have all her documents together for the hearing, she failed to notify us that the Guardian Ad Litem would expire when my daughter turn 18 yrs old, she also failed to provide all the documents to us, there was no documents explaining her fees. There was confusing with the insurance company that was handling the trust fund account regarding the scheduled payouts and dates. She has missed one or two appointments with us.
It seems from your description that the attorney was not the trustee of the trust fund. Rather it was a bank
As to the attorney's work for you, to determine if you have a malpractice claim that needs to be discussed in detail with a local lawyer.
Did the trust lose value due to her action? Was the attorney appointed by the court or did you hire her?
Sit down with an attorney to discuss this matter as there are many facts that are necessary to determine if you have claims.
Your post does not make a lot of sense. I think you need to gather up a lot more information. Then sit down with a lawyer who knows about Special Needs Trusts to go over how the trust has been handled, and from there, go wherever that information leads you. It may or may not rise to lawyer malpractice. An "Elder Law" attorney will know about Special Needs Trusts.
This answer is intended as general information and not as specific legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline