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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42887
Experience:  Texas lawyer for 30 years in Estate law
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I live in Nevada and am the guardian of my 44 yr old cerebral

Customer Question

I live in Nevada and am the guardian of my 44 yr old cerebral palsy daughter. She is on SSI and Medicaid. Her father, a resident of Greece, just passed away leaving her an inheritance. I am told by the lawyer handling the matter in Greece that I need to send a power of attorney document. Obviously, my daughter is not mentally capable of knowing what this is. Should I sign her name with mine as the guardian on the poa papers? If so, what is the exact wording. Or, is there another way to handle this. Additionally, I've read that I should make sure funding goes into a trust there. Thank you in advance for your response.
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Here you need the funds to be disbursed directly to the trust.A Master Pooled Trust here is the way to go.Here it is a preapproved Special Needs Trust.You have a sub account like a savings account.There are no lawyer fees and the trustee fees are less too.
I would write the lawyer setting out that the person is incapacitated and that you are the court appointed guardian to act on her behalf.You would include a certified copy of the guardianship orders.You can have the Master Trust people help you get the funds paid directly there since it will be the first thing you set up.
Here is the Master Pooled Trust here in Nevada.
These Trusts are approved by SSI and medicaid an any funds directly deposited are exempt from them as a resource and will not affect eligibility here.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.