I have an older brother in assisted living. He is 71. I am POA and take care of his finances, bills, bank statements, Medicaid applications, etc. I am trying to figure out what legal things I should put in place in case I die before him. There really isn’t anyone to take over if I die. I have done a little research on “special needs trusts.” Not sure that is what I need. I am wondering if I can make the assisted living facility where he lives, his guardian?? or something like that? Thanks for any suggestions.
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I’m not sure I would do that. There would be a high risk of a conflict of interest for the people in control of his money to also be the people who are in line to receive a huge chunk of that money, with the speed at which they get that money determined in part by what services they provide.
You might want to check with the local senior services agency or relevant local senior-focused charity to see how they would recommend handling things. United Way’s 211 service — 211 | United Way Worldwide — is typically a good way to get in touch with local senior-services and related charities.
A 211 call is free. Even if financially speaking his services will ultimately be paid by a trust instead of a charity or taxpayers, 211 can at least point you in a decent direction of what is available and what works locally.
Regards,
-Chuck
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Have you made a will? If you have not there are attorney’s that specialize in wills, estates, and trusts. Do you have a friend or a relative that would be willing to be the executor of your estate? If not, your attorney may be willing to help you. You need to talk to an attorney.
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Thanks Greystarfish. Yeah, I’ll talk to an attorney, just thought I’d get some basic info from this group.
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If you have an executor for your estate, they should handle payments to the facility. Assuming you put that in your will.
The advice to talk to an attorney is good advice. Laws may vary from state to state, and what someone may suggest here may not work where you live.
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