My Dad is 88, and has multiple symptoms of dementia. He refuses or doesn't want to accept his condition. He is an attorney and will not give up his practice despite the fact hat he is funding the business with money from the family trust for several years. (He still thinks he is making money, so sad) He is the trustee of a family trust set up years ago. He is spending exorbitant amounts of money yearly. (well over 100k) How do i have him removed as trustee?
A similar story is told in the case of billionaire Donald Sterling:
https://www.agingcare.com/articles/removing-a-trustee-donald-sterling-case-170825.htm
A Probate a Estate Settlement lawyer can help you identify your options.
down the thread you had posted about your father having a female friend. Could this be the reason why your father's business has what you consider high expenses? He is paying her out of his business checking?
The attorney I had worked with many moons ago was also very well known within the inner circle of local attorneys, and he was quite eccentric. He did hire a law clerk, paid him a salary, to help in the law practice. I am wondering if your Dad did the same thing with the two attorneys who were in his building.
One of the other attorney's in the office has been covering for my for years. But, is it because he is loyal to him or because he pays no rent and nothing toward the secretarial costs? I feel they are taking advantage of his diminished capacity.
My brother and I have stepped in recently and have told the other attorneys that they need to start paying rent. But, it's still not enough to over the overhead.
I have had a durable power of attorney for several years. I could close down the office if I wish at any time. But, the problem is what you've stated. If I did that he would have nothing to do with his days.
This problem is incredibly stressful. I wrestle with what to do on a daily basis. How long can I let this continue?
My dad is almost 89 years old. Everyone he comes in contact with realizes he has a problem with his cognition and memory. How can they not? He wears the same clothes everyday until the literally wear out and I replace them. But, the new items have to be exactly the same. He will ask a question, get the answer, and by the time you have finished the answer, he asks again. His short term memory is gone.
I wonder how many other professionals are still working with this problem. I have looked into if there are review boards to deal with these types of situations. There are not. So, how many lawyers, doctors, etc, are out there still working with these types of problems?
Thanks for listening.
Did you father have an accountant? If yes, then said accountant could explain the expenses, such as property tax on the building, payroll costs, malpractice insurance, etc.
I can understand your father's concern about his recent past clients... especially if he wasn't able to win the case if dementia was starting to be present at that time. Any other aspects such as legal documents, the two Admins or para-legals usually draw up the legal papers with your father reviewing said documents thus making any changes.
What do the Admins have to say about your father? Or are they so loyal that they wouldn't come forth with how your father is around the office?
It is very difficult for people who love their careers to give them up. Having an office to go to every day gives reason for getting up in the morning. If you could find something else for your father to do, such as volunteer work something law related but doesn't involved drawing up legal documents, it would make for a good replacement.
I have taken him to doctors. They will not tell him he has dementia. They tell me though. He actually threatened the neurologist not to show his finding to anyone.
I've been told by the attorney that drew up trust that the only way to get control of the trust is to have him resign or have him declared incompetent. No attorney in our area is willing to help because they all know him. Also, we've been told that no judge will find him incompetent, same reason.
I am the only person that is dealing with this on a daily basis. For the past few years I have been receiving his bank statements for the office along with all the copies of the checks he has been withdrawing from the trust to keep the office open. He knows I am getting all of this and when I show the statements to him he has no idea and insists he is making enough money to pay the bill at his office.
When the geriatrician and neurologist suggested he start taking Aricept he refused. He is afraid that others will find out he's taking it and the repercussions.
He thinks everyone will find out he has dementia or at least a diminished capacity and he will loose business and be sued by "every client he ever had". (He has no clients)
Are you living with or near your father. We had an elderly gentleman with dementia in our area who insisted on using his lifetime attorney with dementia in a substantial real estate deal. End result: loss of large ranch, lawsuits, horrifying deal. I guess my point is, is your father still actively practicing. Make sure his liability and errors and omissions insurance is paid up until you can get him to quit?
You said it's a "family trust". If your father created the trust, even if it's for the family, and it's his money he's spending including to fund his law practice, I think you'll have a harder time challenging his authority.
BTW, who diagnosed your father with dementia? Do you have this diagnosis from a medical person in a medical report? Is your father getting any medicinal treatment for it?
I also wonder what's meant by funding his law practice? This isn't a profession that has high operating costs other than the office. If he's taking clients pro bono or taking draws against his practice, that's within his right and discretion.
Also, how is it that you're aware of what he's spending? And what is he spending it for?
I think some more information would be helpful.