Legal Question in Elder Law in Texas

Re: Revealing Financial Accounts to Nursing Homes

If you are the successor trustee to a grantor trust that has provisions regardings incapacity of the grantor, you should be able to manage those assets previously transferred to the trust. If assets were never transferred, then the trust is unfunded and it may be too late for the "incapacitated person" to now make proper transfers to the trust. Any assets to which your father is legal owner would probably have to be disclosed. If you are talking about obtaining Medicaid Nursing Home benefits and required disclosures that is a different matter altogether.Typically when a guardianship is necessary any financial POA's are superceded by the guardianship. Again, whatever the trust is properly funded with before incapacity can be managed by the succesor trustee outside of any guardianship, i.e, without the involvment of the probate court. Further, your issues cannot be adequately answered without looking at the relevant documents.