Guardianship & Trust for Seniors & Disabled

Today, I had an appointment and we discussed that the trustee and payee for social security purposes were concerned about having problems with a family member of my disabled client. The disabled client is giving power of attorney to a friend and unfortunately, this person has a history of his own family financially exploiting him for money.

In a case like this, it is smart to use a revocable living trust versus a will or only a power of attorney (property and healthcare) because there is no guardianship court (if structured the assets the right way). Let's assume that we have a disabled person that is 65 years old with some history of medical problems. There is a good liklihood that this person may need long-term care in the future. The reality in this country is that the babyboomers are retiring and their parents are currently having long-term care issues. One of the biggest concerns for any senior over age fifty-nine (59) is the possibility of nursing home care. In a case similar to this, a trust is more powerful that a simple power of attorney. First, a trust will keep this disabled person from guardianship court, which likely will prevent a battle over guardianship over the disabled person. With guardianship court, an attorney has to notify all heirs via certified mail and this often times invites conflict. It invites conflict because any heir gets suspect when they receive anything official from an attorney. Unfortunately, many heirs get greedy and decide to challenge the guardianship papers. This is often what occurs with only a simple power of attorney. With a living trusts, the disabled person's house and bank accounts are titled in the living trust's name. Therefore, guardianship court is not required and a big court battle is avoided.

Sean Robertson, Esq.
Attorney at Law
Robertson Law Group, LLC
312-498-6080 or 630-364-2318
RobertsonLawGroup@gmail.com