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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I HAVE A GUARDIANSHIP MENTALLY INCAPACIATED SON. GUARDIAN

Customer Question

I HAVE A GUARDIANSHIP FOR MY MENTALLY INCAPACIATED SON. I'm THE GUARDIAN AND THERE IS MONEY IN HIS ACCOUNT DUE TO A MALPRATICE.I WANT TO LEAVE HIM AN ADDITION MILLION DOLLARS IF I DIE ..I WANT TO DO THS OUTSIDE THE GUARDIANSHIP JUST IN CASE I MAKE HIS GURADIAN SHIP A SPECIAL NEEDS TRUST FOR MEDICAID.THIS GURADIANSHIP IS COURT RESTRICTED.DO I NEED TO OPEN UP ANOTHER TRUST THATS EXPENSIVE OR SHOULD I LEAVE IT TO MY OTHR SON WHO IS FINE
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Expert:  Delta-Lawyer replied 1 year ago.

You need to open up another trust or petition the court that currently has jurisdiction over the guardianship and the account to allow you to do this or take this action. If you want to leave him this money in the form of life insurance, there are life insurance agents that can help not only get the insurance but also make sure that the proceeds of the life insurance are arranged in a proper trust for your son.

So, you have a couple of options: (1) New trust (and there may be an option in there relative to direct beneficiary life insurance in the form of a trust and make your other son the trustee); and/or (2) petition the court that has jurisdiction over the guardianship to open up that account for this purpose.

You should be able to accomplish either with minimal expense.

Please rate my answer positively and let me know if you have any additional questions.

Thanks!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any other questions or comments. I want you to be as comfortable as possible moving forward!