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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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The first question is what is she entitled too: My mother

Customer Question

The first question is what is she entitled too:
My mother has a significant sum of money in a special needs trust here in Connecticut. The money was rewarded from a car accident. The trustees are not spending any of the money on her though. I have tried to do some non attorney based research on the web to see what she is entitled too, and it looks like she should have outlets to spend money. She is paralyzed and lives in a nursing home. I would like my mother to have a short vacation every year or two, go too movies with a certified nurse, spend money on non nursing home food occasionally, maybe have some better furniture and a better television than the nursing home offers, and anything else she is entitled too that can improve her quality of life.
The second question is who is responsible to arrange for these things to happen and that the money put away in the trust is actually utilized to improve my mothers quality of life... such as the outings every week or two the mall or the movies.
My mother has conservator of person and estate. I had been under the impression that the conservator of person is responsible, but she denies responsibility and declares it is the nursing homes job to arrange such things.
Submitted: 8 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 8 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Did nursing home organize any of the activity and then requested funds to pay for the activities from this special needs trust?

Customer: replied 8 months ago.
Not really, initially for the first 3 years since the settlement my mother had a conservator of person that organized a few outings but I didn't feel that it was good enough and she was replaced 8 months ago and it got worse (no outings). My mother is 69 years old and has over 500,000 in this trust (that initially was organized and broken down to show how it should be spent down over the course of her expected lifetime). I never thought it was the nursing homes responsibility...I mean the nursing home only has one social coordinator ( who doesn't get paid extra to focus on my mom) and over 80 patients to care for. What exactly is the role of the three people/groups that have legal power over my mother and her money; Conservator of Person, Conservator of Estate, and the Trust Firm? Is talking on a phone a possibility? They are all attorneys and get paid $250+/hour for there work on behalf of my mother.
I still just need answer to the basic 2 questions;
Who responsible for my mothers quality of life being improved from the money in the trust?
What is the money in the trust allowed to be spent on for the improvement of the quality of my mother life?
Customer: replied 8 months ago.
Is it normal for the money in the trust to become larger in sum every year because the money is accruing interest from the trust firms investments and hardly being spent on my mother. This money in the trust disappears if my mother was ever to pass away, and would be used to pay back Medicare debts for them paying for my mother's nursing home residence
Expert:  Alex J. Esq. replied 8 months ago.

Thank you for your follow up.

I am afraid that your question is outside the scope of what I can answer within, so I will opt-out of your question at no charge to you and would recommend that you consult with an experienced local elder law attorney.

I wish you the best of luck!

Expert:  Maverick replied 8 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 8 months ago.

Do you have a copy of the trust document that you can upload for us to review. If so, please upload it and I will be back tomorrow to assist you...