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.
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21 January 2020 - Article
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