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Can't trust this article I would like to clarify a statement made in Roger L. Lund's article "Living trust provides measure of security." Mr. Lund reported if a person becomes incapacitated, the backup trustee or cotrustee handles the person's affairs; and, "No courtsupervised conservatorship is required, and everything is done privately. You and your family are spared the entire frustrating, time-consuming and expensive process of having to set up a conservatorship and get the probate court's approval to spend your own money." The reality is quite different in practice. Judges roll right over advance directives, including trusts, in favor of forcing a conservatorship. As a temporary judge in the probate department, I would think Mr. Lund might have seen this firsthand. The National Association to Stop Guardian Abuse is an organization of victims for victims of unlawful and abusive guardianships/conservatorships. We have members who can attest a living trust is no protection when a person is targeted for conservatorship. No one is safe.
Please review our website at www.StopGuardianAbuse.org and read the victims' stories- see for yourself. |
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