dbinsac2003
New Member
in 2008 a close friend of mine shared with me that he was HIV positive and asked me to be the executor of his trust and be his power of attorney for his medical decisions. I agreed and he had his attorney draw up the paperwork which he signed and had notarized. In February of 2010, my friend had surgery and it was discovered he had terminal stage 4 stomach cancer and only had a few months to live. He was admitted to the hospital for week and reconnected with a social worker who worked in the hospital who he had known through the hiv positive support group that she facilitated. Long story short this social worker took over all aspects of my friends care while in the hospital and when he was sent home. Anything that pertained to my friend had to go through her.
At this time my friend was taking over 20 medications a day , to treat HIV, depression, anxiety, high blood pressure and manage pain. In addition he was now on a morphine patch because of the sever pain he had from the cancer in his stomach.
My friend passed away on 1/06/11 and I was then informed by the person who was listed as the back up executor of my friend trust, that my friend who just died changed his trust in may of 2010 and removed me completely and named him as the new executor. In addition he said my friend made another change and that the % of the estate I was to receive went from 25% or 0% and that I was to receive only $1,000. The last change was he added the social worker from the hospital to the will and she is to receive 25% of his estate.
I was never informed of this until just after my friend died, my question is this legal. With all of the medication he was taking that included a narcotic for pain and antidepressants and anti anxiety medication wouldn't a psychiatrist need to evaluate his mental capacity before being allowed to make changes to his trust for I know the hospital social worker prompted and encouraged him to make the changes he did. This is in california.
At this time my friend was taking over 20 medications a day , to treat HIV, depression, anxiety, high blood pressure and manage pain. In addition he was now on a morphine patch because of the sever pain he had from the cancer in his stomach.
My friend passed away on 1/06/11 and I was then informed by the person who was listed as the back up executor of my friend trust, that my friend who just died changed his trust in may of 2010 and removed me completely and named him as the new executor. In addition he said my friend made another change and that the % of the estate I was to receive went from 25% or 0% and that I was to receive only $1,000. The last change was he added the social worker from the hospital to the will and she is to receive 25% of his estate.
I was never informed of this until just after my friend died, my question is this legal. With all of the medication he was taking that included a narcotic for pain and antidepressants and anti anxiety medication wouldn't a psychiatrist need to evaluate his mental capacity before being allowed to make changes to his trust for I know the hospital social worker prompted and encouraged him to make the changes he did. This is in california.
