My grandfather had an attorney draw up a POA, Trust and Healthcare POA about the same time in 2009. There are two sons, my father and uncle who were named as co-successor trustees and I was asked to serve as Healthcare POA.
In 2015, my uncle became upset when he learned that he was a co-successor with his brother and his father remained as trustee. He lives part-time in the state in which we reside and had little interest in the day to day running of rental property that my grandfather owns. My father helped out and was given a POA to handle business matters if necessary when it became difficult for my grandfather to get around physically (he was about 91-92 at the time).
My uncle went to my grandfather after a hospital stay to his home where he was recuperating (significant blood loss) and was weak. He stated he wanted to help more with the properties and needed him to sign a POA to do so. My grandfather did. It should be noted that my grandfather does not read English and while conversational in English, comprehension not the greatest. That day, he removed my grandfather and father as trustee and co-successor trustee and named himself sole trustee and his son as a successor. He then went to probate court and had a trial to declare my grandfather incompetent and the court did so. The probate court assigned a Conservator of the Estate (for anything not in trust), Conservator of Person (me) and an attorney for her (not someone he was able to select). The judge and Conservator of Estate of her Attorney are all friends, and they are all friendly with my Uncle as Trustee.
First, how could he be competent to sign a POA but file a Probate claim within days that he is incompetent. The judge ordered the POA be removed, but unable to remove my uncle as trustee and revert to the original POA as the Trust is not under the Conservatorship.
Needless to say, the Trustee, Conservator of Estate and Attorney all act as if my grandfathers money is their own personal piggy bank and have gone through a lot of money in 4 years. I think the goal would be to have the two sons act as co-trustee and eliminate me and conservator of estate. However, my uncle was asked and his response was, why would I change anything, I like it the way it is.
In 2015, my uncle became upset when he learned that he was a co-successor with his brother and his father remained as trustee. He lives part-time in the state in which we reside and had little interest in the day to day running of rental property that my grandfather owns. My father helped out and was given a POA to handle business matters if necessary when it became difficult for my grandfather to get around physically (he was about 91-92 at the time).
My uncle went to my grandfather after a hospital stay to his home where he was recuperating (significant blood loss) and was weak. He stated he wanted to help more with the properties and needed him to sign a POA to do so. My grandfather did. It should be noted that my grandfather does not read English and while conversational in English, comprehension not the greatest. That day, he removed my grandfather and father as trustee and co-successor trustee and named himself sole trustee and his son as a successor. He then went to probate court and had a trial to declare my grandfather incompetent and the court did so. The probate court assigned a Conservator of the Estate (for anything not in trust), Conservator of Person (me) and an attorney for her (not someone he was able to select). The judge and Conservator of Estate of her Attorney are all friends, and they are all friendly with my Uncle as Trustee.
First, how could he be competent to sign a POA but file a Probate claim within days that he is incompetent. The judge ordered the POA be removed, but unable to remove my uncle as trustee and revert to the original POA as the Trust is not under the Conservatorship.
Needless to say, the Trustee, Conservator of Estate and Attorney all act as if my grandfathers money is their own personal piggy bank and have gone through a lot of money in 4 years. I think the goal would be to have the two sons act as co-trustee and eliminate me and conservator of estate. However, my uncle was asked and his response was, why would I change anything, I like it the way it is.
