Can an administor of an assisted living facility be a trustee for one of the residents in the facility?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an administor of an assisted living facility be a trustee for one of the residents in the facility?
The wife is currently a resident in an assisted living facility. The husband was to make the administer the trustee of the family trust as they have no sibling or children. The husband does not contest the potential conflict of interest.
Asked on February 4, 2011 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I have indeed heard of that being done since the administrator of the facility is responsible for the care of the parties, but I would not say for sure that your state allows it or that it is wise, since you are correct that there exists the potential for a conflict of interest. I would speak with the attorney that is helping you to create the trust and see what he or she states about your wishes. I understand that asking distant family members to be the trustee may be a lot in some circumstances and that it may be "easier" for you. Check it out. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.