Matters relating to elderly people's mental capacity to take legal decisions need to be handled carefully. With a team of lawyers dedicated to trust and succession issues, we can talk through your family's situation and the options available to you.
In cases where an elderly or otherwise vulnerable adult is not able to manage their own finances, a conservator may be appointed by a judge. ‘Conservatorships can protect loved ones from falling victim to elder abuse in their later years,’ says Jeremy Moffitt, a San Diego-based partner.
One example of this is when members of our US team acted for four sons to protect their elderly father, who suffered from dementia, against his second wife. The stepmother had obtained deeds purportedly transferring over $5 million in properties to her name. We were able to get a temporary conservator appointed to manage the father’s finances for his own protection and a ruling that $5 million in real properties should be funded into an irrevocable trust held for the father’s lifetime benefit and our clients’ remainder benefit, thereby avoiding these fraudulent transfers for the benefit of the father and later children.
We can also advise on statutory wills, lifetime gifts and deeds of variation of estates. We have a diverse client base of older people and their families and carers, as well as trustees, executors and other fiduciaries. Our US lawyers are also available to assist conservators from other countries, where a bank or other US entity is refusing to recognize their appointment.
For further help or informationGet in touch
How the team can help
We can also help with
InsightView all Firm insight
03 August 2020 - Article
Withers hires senior disputes lawyer Chenthil Kumarasingam on the back of increased demand in dispute resolution
31 July 2020 - Article
Keep calm in uncertain times: Know your commercial obligations before you act
30 July 2020 - Article
The Welfare of the Child is Paramount: How An Adoption Order Passed Without Consent Of Biological Parents
27 July 2020 - Article
Trump Trumped: President Trump faces both state and family privates being put on parade as two injunction applications fail
24 July 2020 - Article
Hong Kong BN(O) visa – new route to British citizenship for Hong Kong British Nationals (Overseas)
Would you like to hear more from us?
Visit our subscriptions page to tell us a bit more about what you’re interested in so we can send you relevant news.