How to Invalidate a Living Trust Based on Mental Competency
To most, a living trust--more formally known as a Revocable Living Trust or a Family Trust--is much like a will. Unlike a will, assets are transferred into the living trust in a manner called funding. This funding does not relinquish control of the assets. Once transferred, you can still buy, sell and trade your assets much like before. At times these trusts are changed or signed over in a state of duress or mental incompetence.
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Instructions
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Steps
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Insure that you have proper backing before proceeding to court. This would include expert opinions from reputable doctors and experienced legal staff that will assist in declaring your parent unfit to handle his financial affairs. The people you employ will be a buffer between you and the defense party, allowing a needed separation to sustain you to the end of the proceedings.
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Determine whether the parent has a living will or trust. If they do not, the doctor's declarations will assist you in petitioning the court to declare your parent incompetent.
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File the petition with the courts to have the parent declared incompetent. If you have chosen the right legal staff, they should be familiar with the presiding judge and which elements of the proceedings are likely to encounter the most difficulty.
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Provide overwhelming proof that your parent is incompetent and in need of a guardian. Gather doctors' testimonies, medical records and witness accounts. Be advised that it is much easier for an individual to present themselves as sane then for you to prove them insane.
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Be emotionally and mentally prepared for guardianship court proceedings; they have the potential to be brutal, inflammatory and extremely embarrassing to both sides.
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Tips & Warnings
It is much less embarrassing on both sides to settle disagreements amicably, outside of the courtroom. Attempt to speak to your loved one before dragging the affair into court and risking the chance of a destructive situation that could lead to a breakdown of the family dynamic.
Judges tend to favor the independence of an elderly individual, so you may be in for a difficult battle.
