My aunt who is 92 years old and in the last stage of pancreatic cancer has never had a trust. Her caregiver is pushing hard for her to have one. My concern is that she is mentally incapable of doing this. She has exhibited on 3 different occasions a concern; (1) unable to eat chicken when on the bone (this had to be removed so that she could eat it) (2) telling story how she went into the dining room and saw three deer during the day (she has not left her room for 8 days). (3); unable to tell name of a niece that she has seen at least 2x per month. The caregiver already has the deed to the home, all of the belongings in it. The problem is that he states that the first generation is to get 1/3 that of the 2nd generation with percentages all being different. Is she legally competent? Also, is it wrong to ask if the lawyer does come out to the home to write the trust that the caregiver not be in attendance? He is also her power of attorney.
1 Answer from Attorneys
Based upon your description, your Aunt is not competent to have a trust at this point. I would need more detail to be able to discuss the issues with the caregiver. I don't know if there is time left or if you have access to medical records, but it may be time to file for guardianship and/or conservatorship to protect your Aunt from being exploited. You may wish to discuss this situation with the entire family to see if others feel the same or if there is a solution before it is too late. If you need legal representation, please contact me at 5865808850 or firstname.lastname@example.org.