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Can the state take a trust fund ? my father had a stroke 3 years ago and my bro moved him into his home to (quote) take care of
Anonymous3 views1 answers
him. well my bro as well as myself are on my fathers checking account. so my brother went on a (approx) $47.000 shopping spree. we just placed my father in a nursing home. my father is broke. Iam trying to get him on medicaide . will they take the trust fund to pay for this nursing home?
Allow me to start by saying that this answer is provided for informational purposes only and should not be construed as legal advice. Additionally, there are insufficient facts in your question to address your specific case and the law varies from state to state.
I am not sure your question makes complete sense. However, any assets that belong to your father, including assets held in a revocable trust fund in his name, are considered available resources to him. If the trust is not in your father's name but instead was created by someone else or is a special needs trust then the Trust may be protected.
Additionally, despite the fact that your brothers name was on the bank account many states have laws that protect the elderly from the kind of abuse that you are indicating your brother committed. In addition, the penalties for these criomes are often more severe than they would be if they were committed against a non-elder.
