Well in short...my father had a trust account that was well established through his CPA and attorney for many years. my mother passed away some years ago. my father was diagnosed with Alzheimer's in 2001/2002. my father appointed a brother and sister as poa's with very specific language about gifting themselves and made it perfectly clear in the poa that everything they did, for the benefit of his trust, was to be done in his name and his name alone. in late 2004 my father's disease had progressed rapidly and necessitated the need to put him into assisted care living. Upon admittance into the assisted care facility he had to go through a series of tests. He failed his orientation test miserably, e.g. in the test he was shown an apple and a penny. After three minutes he was asked what he had just been shown and he had no idea. He was delusional, disorientated, and had no idea what the date, day, or time was.
Therefore...my question is - would my father's revocable trust be considered irrevocable at the time when he was clinically incapacitated? apparently my brother didn't think so and/or felt that he could erase several of his infractions while serving as one of dad's power of attorney's... so in just a little over 60 days he had my father sign a new will, new trust, new poa, and new health care poa. Interestingly, the new will was not done by an attorney as such; it appears to be the type you can download off the internet. the new will contained specific language about "no contests" and the new trust contains language concerning "no accounting". Needless to say I am in the middle of this mess. my attorney is moving at an alarmingly slow pace, we are spending a small fortune in subpoena's, and still don't know much about what's left of my fathers estate. Instead of challenging the trust for numerous breaches (not mentioned here) couldn't we take a different approach without the matter being considered a contest of the will?
Therefore...my question is - would my father's revocable trust be considered irrevocable at the time when he was clinically incapacitated? apparently my brother didn't think so and/or felt that he could erase several of his infractions while serving as one of dad's power of attorney's... so in just a little over 60 days he had my father sign a new will, new trust, new poa, and new health care poa. Interestingly, the new will was not done by an attorney as such; it appears to be the type you can download off the internet. the new will contained specific language about "no contests" and the new trust contains language concerning "no accounting". Needless to say I am in the middle of this mess. my attorney is moving at an alarmingly slow pace, we are spending a small fortune in subpoena's, and still don't know much about what's left of my fathers estate. Instead of challenging the trust for numerous breaches (not mentioned here) couldn't we take a different approach without the matter being considered a contest of the will?
