Orfordville, WI asked in Estate Planning for Wisconsin

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.

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

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.

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