Legal Question in Wills and Trusts in Illinois
disabled brother
My brother has been waiting many years for his wife to take him home . The only time she visits the nursing home is once a week at night, to bring him smokes. she only cares about her(now high life)
and his inhieritance. Can i legally speak for him and care for him if she no longer cares about him. Im told that (her) son (not addopted)
is signed to be my brothers caregiver, if she were to die.
She smokes constantly, and just suffered a heart attack.
If she cared at all she would have quit!! Anyway,
Where do I begin (legally)
Im not after my brothers money,
Im out to make sure that he is well taken care of for the rest of his life.
If only his monies could be held and controlled by the courts and soley be used for his needes, is that a possabillity?
1 Answer from Attorneys
Re: disabled brother
I would advise you to speak with an attorney who is familiar with disability and guardianship law. It will be difficult to work around your brother's wife, since she is legally his "next-of-kin."
It is possible to create a trust for a disabled person that would care for him during his lifetime, leaving the remainder for pay-back to the state (for any welfare benefits, including Medicaid paid during his lifetime), and to his beneficiaries.
Good luck to you.
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