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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101572
Experience:  Fully licensed attorney in Texas in private practice.
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Can the guardian of an incompetent elderly person put their

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Can the guardian of an incompetent elderly person put their 3 properties into an irrevocable trust? Two properties are in Delaware and one is in Maryland. They are worth maybe 8 million dollars or more. The guardian and the elderly person are in Delaware.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes. I am assuming that by "guardian," you mean a court-appointed guardian. If not, then please REPLY and let me know.

As the appointed guardian, the guardian has the authority to sign on behalf of the person and also act on behalf of the person. As such, they can create a trust on behalf of the person much like the person could do so themselves. This is presumed to be valid unless an interested party challenges the trust, arguing that the guardian is not acting in the best interest of the person. If so, then the Court will review the guardian's action and may or may not uphold the decision, but likely will, provided that the guardian has not been abusing their position. Provided that the guardian has acted in the best interest of the person under chapter 39a of Delaware Code, the trust creation should not be an issue.

It is recommended to use an attorney to draft the trust document. May I recommend the Delaware Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Best of luck.

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