(Warning: Typos Intact, Not Legal Advice)

Supplemental Needs Trust Abuse

My father passed away 13 years ago and left a supplemental needs trust with for me. My abusive mentally unstable mother who is not under the care of a doctor and is not competent to serve as trustee, is punitively denying access to trust funds and refusing to provide care per terms of the trust. I have no income and cannot provide for my most basic needs. I am unable to hire an attorney as I am being denied access to my funds and my disability benefits were discontinued and my mother refuses to reapply for them. What recourse do I have as far as having a new trustee appointed or having legal action taken against my mother?

Answer: The most straightforward course of action is to hire competent trust counsel and pursue a case against your mother, the trustee, for abuse of fiduciary duty. However, since you’re looking for a no-cost option, I suggest consulting with Adult Protective Services, a government agency designed to prevent the abuse of vulnerable adults.

In my experience, Adult Protective Services officers are dedicated, diligent, and eager to set things right. However, this may vary depending on your location, so it’s also advisable to consult with local trust attorneys for guidance.