Legal Question in Wills and Trusts in Wisconsin
Mentally disabled relative to receive settlement
A mentally disabled brother (from an accident)will recieve a settlement. Only a few family member are there to help w/ daily needs (he needs help w/ everything). Currently his mother (72) receives his Soc. Sec. checks & a sister (now estranged & not helping) has the power of attorney. How should/ can this be changed to someone in family who has the disabled persons best interest in mind & who is helping w/ day to day care of disabled person? Also when/if settlement comes can this be put into someone's else (family members) name to take care of money?
2 Answers from Attorneys
Re: Mentally disabled relative to receive settlement
Hello, I will add to the comments of the previous attorney with which I agree. There may be some trusts that can be set up to help his needs. However, this is a complex legal area with lots of options. You will have to meet with a lawyer with knowledge of the legal area to not only get the funds, but then to review options that will be based on the amount of money, the living arrangements of the disabled person, what benefits he is getting, etc.
Best wishes, Mark J. Mahoney 920-984-4529
Re: Mentally disabled relative to receive settlement
In order to settle your brother's legal situation, someone acting with authority must make decisions and sign papers. That will require a Guardianship. The same Guardianship will handle the funds after the settlement and will have to account to the court periodically to assure the funds are being used to the best interests of your brother.
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