Fairly recently my elderly parents were "talked into" putting all of their assets into a Trust (Main residence, summer home, bank accounts, etc). Mother was very hesitant and slightly confused on how this would benefit her and her family as she had always maintained a tight grip on all of her family's finances, but ended up signing on the dotted line making one of her son's trustee. Subsequent to having the Trust put into place she felt she had been robbed and didn't trust her son.
Fast forward a few months and mom's confusion has become fairly profound. Multiple short term rehab stays and now needs 24 hour care. Found a very reputable Assisted Living facility very close to all of the siblings and she was ultimately accepted. Paid the several thousand dollar initial fee out of my pocket to get her room reserved and in her name. Siblings visited and were very impressed with the facility and staff. NOW my brother (Trustee) is refusing to pay for her care from the assets in the Trust!!
Elderly father still resides in the main residence and although on his own, requires meals cooked (other than microwave) and is incapable of providing any type of care for his wife, hence the assisted living.
In this case would my father be responsible for paying her bills since they are still legally married? He/they still maintain joint bank accounts outside the Trust with ample funds to pay for her assisted living costs. If my mother was mentally able she would write the checks herself!!