Legal Question in Wills and Trusts in California

I am my older brothers guardian ad-litum who has had 2 strokes and is slightly mentally impaired. He might receive compensation from a lawsuit and someone has to take care of this compensation. Do I have to hire a conservature to look after this?


Asked on 12/17/12, 9:37 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

If the settlement is given directly to him, he would need a conservator of the estate to accept and handle the money. However, depending on the amount coming to him, it would be a good idea to discuss setting up a special needs trust for him to accept the settlement. The trust allows him to keep his government benefits and pay for things not covered by the benefits. It would likely require approval by a court, so consult with an attorney familiar with special needs trust, particularly "d4A" trusts to see if one is appropriate here.

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Answered on 12/17/12, 10:01 am

Mr. Johnson gives a good suggestion. The other alternative is for you to become his conservator. As his guardian ad litum you would be a logical choice.

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Answered on 12/17/12, 10:56 am


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