Q: Can a irrevocable trust be used by a legal guardian of parent in nursing home?
Worried that they will use it for their own benefit.
A: If your question is whether the legal guardian can access the trust funds, it depends on whether the legal guardian is also the person named as trustee in the trust. If they are named as trustee then they will have the power to access and manage the trust funds for the benefit of the trust beneficiaries. You will have to look at the text of the trust document to see what the exact terms of the trust say. Usually these types of trusts are set up for the benefit of the settlor (the person who made the trust) while they are alive, and then they are set up to benefit the settlor's heirs after the settlor's death. Again, the terms of the trust will dictate what the trustee can and can't do with the money. I recommend you consult with a trust attorney in your area for specific help with the terms of the trust agreement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.