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I have no relatives willing or able to take on this responsibility. I also have a disabled daughter that I have been caring for the past 25 years. She is currently in a nursing home. I have been managing her financial and medical situations, as much as I can.


I am fearful that if something happens to me, I don't know what will happen to her. I am 92, and still functioning well. She is 63 with multiple chronic health conditions and needing surgeries but her health does not allow them now.


Eighteen years ago, she was injured in a Work Comp situation and she could have recovered if treated immediately. Instead it took two years which created multiple other conditions, including Lupus.


I have been so busy with her needs that I have not maintained a circle of friends to call on, and those that are close are also too old to delegate this responsibility to them.

Seems like it is time to apply for a guardian ad litem for your daughter. This is a court-appointed guardian who will have legal/financial right to make decisions for your daughter. It will take those burdens off your shoulders - now! - so you can just enjoy your visits with her.

As for your estate, you need to make a will. If you do not have trusted family or friends to be executor, you can let the state take charge. My suggestion is to either put home and finances into a trust fund to care for your daughter or to make donations to charities you favor.
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Reply to Taarna
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Contact a good fiduciary! He will ensure all things are done as you desire. They follow the instructions to the letter and often bypass any last minute court appearances.

I had everything, Will, Will &Trust, Living Will, letters to special recipients and named people to continue receiving payments on condo, etc.
When my health failed the personal friend/Representative informed me she was uncomftable handling the financial end, even though she was in banking. She was convinced it would throw off her own taxes and holdings (what we can/can't have thru social security later). Which is not true.
However I needed something quickly and found a fiduciary connected to our families CPA proved to be godsend. Very informed, easily explained everything so I'm certain of things after I pass or can't make decisions. They coordinate with your estate attorneys as well. Talking with others, we've all been relieved and at peace by a having reputable fiduciary.
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Reply to Comanche4
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Chauncy:

Looks like an emergency situation to me. Retain an attorney as soon as possible to get proper documentation for your daughter set up.

As Geaton777 Said: " Your daughter will need a legal guardian or she risks becoming a ward of a court-assigned 3rd party legal guardian. Better that she finds/chooses her future guardian herself". This is a very expensive option.
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Reply to Patathome01
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Chauncy: Retain an attorney.
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Reply to Llamalover47
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Very recently I went to an Elder Law firm regarding a Special Needs Trust. My lawyer suggested The ARC as the least expensive and reliable trustee for the trust.
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Reply to Afelton414
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As Alva suggests, ElderLaw Attorney to create a Special Needs Trust for your daughter. I don't know in what state you reside, Chauncy, but the Attorney will work with you on trying to determine who "best" might act as Trustee for the newly created Special Needs Trust. Chauncy, you will make a Will with the Elder Law Attorney that dictates that your Estate flows into a Bank account set up and styled, "The Mary Smith SNT". Besides your assets being directed by your new Will to flow into the new bank account, the Soc.Sec. Disability check that your daughter receives can be deposited monthly into this account.
The job of Trustee is an important responsibility. The Bank Account will need an IRS "EIN" number, so that there will be a reporting responsibility to the IRS. Chauncy, are you the Representative Payee at the current time, that reports (a very short form) to your State's Dept. of Health and Human Services? A successor Rep. Payee can also be selected by your and the Elder Law Attorney. You will gain much peace of mind if you act immediately to get an appointment with an excellent Elder Law Attorney, so get the ball rolling as soon as possible on that task. I know that this must be a huge worry for you at this time, and there's no time to spare now. As I final comment, I would ask the Attorney to ask make a simple Will for you daughter, at the time he/she is doing the other work for you.
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Reply to fluffy1966
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Your daughter will need a legal guardian or she risks becoming a ward of a court-assigned 3rd party legal guardian. Better that she finds/chooses her future guardian herself.

I would maybe consult with an elder law attorney about this (she's only 2 yrs away from 65...).
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Reply to Geaton777
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Time to see a Trust and Estate attorney so that you can immediately make a Trust that leaves your money for your daughter's benefit and manages it for her. Your Trust attorney will guide you in appointing bank, fiduciary, or attorney to manage this trust for your daughter. It isn't good that this isn't done, because the money will go to her in any case, but if she is in care a special needs trust is needed.
See an attorney.
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Reply to AlvaDeer
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