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.
1 Answer from Attorneys
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.
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