Is a disabled person who is own guardian considered vulnerable? 1 Answers as of October 05, 2016

If a disabled person has a special needs trust but is their own guardian and trustee and attorney did not take proper care in purchasing a home for her that she cannot afford, is that considered abuse of trust? If they make her live where they choose or she loses trust money? They lied to her, refused to show amount of money, isolate her and the whole family refuses to help if she questions what they've said, has a home in need of serious repairs they won't answer, not paying what they agreed to pay. Attorney is best friend with trustee, never received any paperwork about a trust. They pay if she is quiet, consequences severe if not. Attorney won’t set up billing for things they've stated it pays for, threats to dump trust on her and lose all government benefits if she questions things. Home bound but cares for herself assistance only needed in getting medications and going shopping.

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Sebby Law Office | Jayne Sebby
I don't think this is a question of whether she is vulnerable or not. It seems to be whether the terms and conditions of the trust are being followed appropriately. This person should hire her own lawyer to review the trust and audit the finances. If she can't afford an attorney, contact the state bar association or the nearest law school and ask for assistance.
Answer Applies to: Nebraska
Replied: 10/5/2016
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