My mother is 93 and the onset of dementia began at age 90, well advanced by the time she was 91. My wife has been her case manager overseeing both health and finances with everything done transparently. She had a revocable trust made 15 years ago but my sister arranged for a new trust giving her, my sister, the entire estate
, when my mother reached age 91 already in dementia. We only got an official medical diagnosis recently, but it shows advanced stages so it didn't just arise and her caregivers going back to the time will testify to my mom's mental lack of capacity.
JA: Since laws vary from place to place, what state is this in?
Customer: The question is did the revocable trust become irrevocable when the dementia reduced her mental capacity such that she could not understand what a trust was or that it had changed the earlier trust, etc.? In California law.
JA: Have you talked to a lawyer yet?
Customer: Since the first thing that has arisen is my sister's attempt to get a conservatorship, I was advised to seek one of the subset of the Bar who typically specializes in that. But I'd like to head off the trust contest later if I could get a declaratory judgment as to the irrevocabiity of the first trust.
JA: Anything else you think the lawyer should know?
Customer: My sister is challenging the funds which my mother often gave me over the years, prior to loss of mental capacity, to assist me and my family during very difficult times. She also objects to my wife taking a salary for being both a caregiver 72 hours a week AND acting as mom's case manager over all finances and employer issues. My sister has admitted not needing the estate but wants to get back at me.