How canI update trust to reflect my mother’s wishes?

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How canI update trust to reflect my mother’s wishes?

My mom has Alzheimers. My sister took my mom to her lawyer and had a trust and P.O.A set up without me. She set up the trust so that she receives most of my moms assets, belongings, etc. My mother has told me several times that all was to be equal. My sister is kind of a bulldozer and she just confuses my mom so she never knows what happened at any appointment they go to. I live and take care of my mom and I can’t even get my sister to give us a copy of the documents.

Asked on June 25, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  You can not update the trust without legal authority to do so but from the way that you have written the question I do believe that you may have the ability to set it aside and have the power of attorney revoked for undue influence.  What you need to do is see an attorney yourself and have a conservatorship set up for you Mom. That is the only way you can get lagal authority.  The POA is not applicable to documents that require the party have mental capacity to do so. Was she formally diagnosed prior to the visit to the attorney's office with you sister?  Even if she was not I think that you may have a good case here.  Go and seek help. You need to protect your Mom now. Good luck.


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