Capacity Challenges in Trust Agreements

Capacity Challenges In Trust Agreements

Trust agreements can help to protect assets and ensure the trust maker’s (grantor) wishes are followed. However, doubts about mental capacity can arise, particularly if the grantor is elderly. For this reason, working closely with a lawyer when creating, modifying or challenging a trust is encouraged.

With more than 20 years of experience, Fried Law Group, strives to protect clients from exploitation, including the elderly and the vulnerable. Serving families and individuals in the Cleveland metro and Northeast Ohio, attorney Adam Fried turns complicated cases into clear strategies. If you need legal representation for trust disputes, or guidance in creating or altering a trust, seek his help by arranging a consultation.

Mental Capacity In Trust Agreements

A primary concern with trust agreements is confirming that the person creating the trust understands the nature of their assets and the implications of their choices. Mental capacity is a person’s ability to understand and make informed decisions regarding their assets.

For the elderly, issues like dementia or cognitive decline can compromise their mental capacity, making it easy for unscrupulous individuals to take advantage of them. Without clear proof of mental capacity, the trust could be challenged in court, leading to litigation.

How Mental Capacity Issues Can Lead To Elder Abuse

Unfortunately, older adults are much more vulnerable to all types of exploitation and elder abuse, especially when questions of mental capacity come into play. A family member or caregiver may manipulate an elderly person into signing a trust agreement that benefits the manipulator rather than the intended beneficiaries.

When there are concerns about a loved one’s mental capacity during the creation of a trust, litigation can help resolve these disputes. A court can intervene to assess the grantor’s mental capacity and whether any undue influence occurred.

Protect Your Loved Ones With Legal Guidance

At Fried Law Group, attorney Adam Fried can help you understand the potential for abuse. This can allow family members to protect their loved ones from exploitation and help ensure trust agreements are valid and legally sound. Call his Beachwood offices at 216-930-5777 to schedule a consultation today.