Legal Question in Elder Law in New York

elder law trust fund

what are the rights of a guardian over a trust fund for an incapacitated person?

do they really have a right over the way the money is actually managed even if the courts appointed the financial bank?


Asked on 5/17/07, 9:36 pm

1 Answer from Attorneys

Michael Moberg Moberg & Associates

Re: elder law trust fund

There are 2 different types of Guardianships.

1. Guardian of the Person- caring for the medical and social needs of the IP &

2. Guardian of the Property - paying bills, etc.

Perhaps an individual is appointed as the Guardian of the Person and the Financial Institution over the property management.

If so, the Guardian of the Person cannot handle the trust funds without prior Court approval.

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Answered on 5/21/07, 12:07 pm


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