Legal Question in Wills and Trusts in Massachusetts

Is it okay for an attorney who is holding money in an IOLTA account, which he calls a trust, for a mentially-ill person to give that mentally ill person cash disbursements without getting receipts? I feel this is wrong, since the mentally-ill person lives in a group home and doesn't handle money well. The attorney says he has broken no rules. I can't believe that's true. I would greatly appreciate an answer to this. I'm concerned about the attorney being too casual in his dealings with this money. Thank you.


Asked on 12/02/10, 12:34 pm

1 Answer from Attorneys

Alexandra Golden Golden Law Center

Whose money is this? Does it belong to the disabled person? And if the person is in a group home -- is he on SSI or MassHealth? If so, the funds should be coming from a special needs trust and managed in accordance with the requirements for such trusts.

Please feel free to give me a call to discuss this issue in more depth.

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Answered on 12/07/10, 12:51 pm


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