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Must an irrevocable trust fund for the benefit of the ward be disclosed to the courts for a disabled person who is being placed under guardianship?
Yes. The guardian has legal authority over all the assets of the ward and they should specifically have knowledge of and access to any funds coming into the ward's estate. That is the purpose of a guardianship. If the funds are being paid over to the ward for the benefit of the ward they fall under the guardian's responsibility. The guardian should be able to make a complete inventory of the ward's income and assets and it should be filed with the court.
If the trust was set up so that the funds are paid over to another person to be used for the benefit of the person under guardianship the situation may be different. The funds may not need to be paid over to the guardian however, the guardian should be apprised of the trust so that she/he can monitor the situation and make certain the funds are being used for the benefit of the ward. The guardian should request an accounting from the trustee. If not provided with the accounting the guardian could request the court compel the trustee to provide an accounting.
This situation is complicated. You need to consult with an attorney to make certain the funds are being handled correctly and being paid over to the right person.
What else can I help you with?
How much does a child collect from social security when a parent is determined to be disabled?
The minor child's benefit is a percentage of the disabled parent's benefit.
What is the Section 125 irrevocable rule?
This is the portion of the IRS code, section 125, that allows midyear changes to benefit elections.
What is Bally Roberts most famous for?
Claiming disabled benefit allowance for AIDS.
If you are your niece's guardian and her father is the current payee for her Social Security survivor benefits how can you become her benefit payee?
The Social Security Administration has jurisdiction over appointing benefit payees for minor children and mentally disabled adults. You must contact the SSA to obtain information on what documentation is needed to apply for a change in payee status. Holding a POA or legal guardianship does not automatically confer the right of payee status, SS benefit distribution is a matter of federal law rather than state law.
How does government Social Security benefit an individual in the United States?
Government Social Security benefit can help an individual if they are to become disabled. To qualify for this benefit you would first have to meet medical criteria and qualify for this benefit.
Benefit checks sent to coal miners totally disabled by pneumoconiosis come how often?
daily
What is meant by the term disabled access?
The term disabled access means a person with a disability or special physical need will be able to benefit from a system or entity. A building with disabled access provides ramps and widened doors for customers using wheelchairs.
Who has custody of the irrevocable trust?
The assets in an irrevocable trust are legally owned by the trust itself, not by any individual. The trustee is responsible for managing the trust assets for the benefit of the trust beneficiaries as outlined in the trust agreement.
Does child support for disabled child have to be reimbursed after child reaches 18?
Whether or not the child is disabled: Child support that's properly paid does not ever have to be reimbursed; unpaid child support is collectible forever.
Can a trustee use the income from an irrevocable trust?
For personal use, only if they are the beneficiary. They are entitled to compensation for their work and to use funds for the benefit of the trust, but these are typically laid out in the trust itself.
What is referred to as the industrial injuries disablement benefit?
The industrial injuries disablement benefit is eligibility benefit one get when one is ill or disabled from an accident or disease caused by work. The amount of disability affect the benefit one may get and is assessed by a medical advisor.
How can a hand pedal bike benefit a disabled child?
A hand pedal bike can benefit a disabled child by providing them with a fun and engaging way to improve their physical strength, coordination, and cardiovascular health. It can also boost their self-esteem and independence by allowing them to participate in outdoor activities with their peers.
