Legal Question in Wills and Trusts in Massachusetts
Myself and 2 sisters are legal guardians of a down syndrome brother. I am the active one. One sister lives out of state.
I handle all money. My question, if something happened to me, is there a way to make sure his money is handled properly?
The sister in the same town, is completely irresponsible with money.
1 Answer from Attorneys
I am guessing that you and your sisters were made guardians of your brother's person and estate before July 2009, when the Uniform Probate Code became effective in MA. Now you would be named as separate entities - guardians of his person and conservators of his estate (finances). There are a couple of things you can do. One would be to have you and the in-town sister named as co-guardians of his person, and you and another person - either your out-of-state sister or a professional person - serve as co-conservators (formerly called guardians of the estate). You could still do the bulk of the work, making sure to keep the other informed of everything, and he or she could take over if somethng happens to you. Depending on the amount of money involved and its source, you may be able to just serve as guardians of his person and have someone, including you, serve as his representative payee.
In any event if your in-town sister is irresponsible with money, she should not be serving, even in name only, as his co-conservator.
Please let me know if I can help you.
Good luck -