The Most Important Tool for Protecting the Elderly - The Living Trust

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THE MOST IMPORTANT TOOL FOR PROTECTING THE ELDERLY—
The Living Trust
A living trust is an absolute must for an elderly or incapacitated person, especially if it is a family member. Although the document is more expensive than a will, not having one can cause heartache and pain in the long run.
A will can definitely be contested. A living trust is more fool proof against someone contesting it. In my case, if a living trust had not already been in place when my aunt died, my brother could have used his bogus trust to inherit her house, as the sole heir. As I understand it, the law states that if there are two competing trusts, the last trust drawn up takes precedence over the first one. My situation, though, the last trust drawn up was deemed bogus. It was invalidated by the presiding judge.
Some of the elements that made the second trust invalid or certainly questionable for the judge’s consideration were as follows:
· At the time the second trust was drafted, the trustor was suffering from Alzheimer’s of the dementia type, and was not capable of making sound decisions.
· The trustor was not in a mental state to name beneficiaries.
· Because an existent trust was created in the year 2000, the court ruled that the second trust was signed under duress, and thus deemed bogus.
· This is a legal document and must, by law, be notarized.
· The trustor was coaxed to the neighbor’s house where the notary was present. After signing the second documents, the judge surmised that my aunt would not have said, “Now they can’t take my house.”
· The notary should never have completed and signed-off on the document, as the elderly person was not capable of understanding and answering the questions she asked.
· The original trust had been drafted four years before, naming 12+ people as beneficiaries when she was mentally competent.
· The second trust named only the nephew as beneficiary. The judge did not believe that.
· Her choices should not have been questioned at the meeting.
· It is considered criminal to obtain another trust simply because you don’t agree with the original one. Further, it is morally wrong and criminal to take someone else’s money without their conscious consent.
“To be forewarned is to be fore armed.” If you are caring for an elderly person, it is imperative to create a living trust while he or she has mental capacity. It is just as important to have the document duly notarized.
More about Janice M. Lauderdale—she has a degree in sociology and is a Minister in the counseling division at a mega church in Los Angeles. Her recently published book Wealth of the Wicked: An American Tragedy of Elderly Abuse is a breakthrough for the legal and physical protection of the elderly. It puts a face on 1.2 million seniors who are abused annually. She can be contacted for more must-know steps and legal means to protect the elderly. Contact her at: www.writethewrong1.com,
jlauderdale@newimagewriters.com