Legal Question in Wills and Trusts in Oklahoma
Can the state take the savings in a revocable trust for care in nursing home?
Asked on 12/14/11, 9:46 am
1 Answer from Attorneys
A revocable trust is a trust in which the settlor reserves the right to terminate the trust and recover the property and any undistributed income. If this trust was terminated and the property and income was in fact recovered under this revocable trust law, the state does not have the rights to these savings.
However, if the settlor became a ward of the state by way of the nursing home and/or power of attorney and the state was given full power to take over of his or her affairs, these rights were also transferred to the state.
Answered on 12/15/11, 9:14 pm