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TimeTraveler3056 t1_jd7yqlu wrote

Thank you. If the back up guardian set up a trust and the parent got an inheritance could the parent just say No, put it in the trust? Or could the inheritance go to the back up gaurdian to put it in there? Or does it gave to be the old sick person revisiting the lawyer to do this?

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EdLoweLaw OP t1_jd8p2gq wrote

Gotta be made by the old sick person in this case, because it’s their assets that will ultimately go into the special needs trust. That’s how we maintain the protection of the assets, the one receiving the benefit has no say over the trust’s terms.

If the old sick person isn’t able to travel to work with an attorney, much can be done over the phone or email. If they signed a power of attorney, one of the powers given to their agent may have been the power to do this legal work for them as well. It’s worth asking the attorney about for sure.

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