Independent Guardian Appropriate to Protect Incapacitated Person’s Funds

Appointment of an independent plenary guardian of the person and estate of an incapacitated person, and not a family member, is appropriate to protect the incapacitated person’s special needs trust when multiple family members live in the house owned and maintained by the trust and might improperly use trust funds for their own benefit and maintenance resulting in the premature depletion of the trust.  Schofield Estate, 7 Fid.Rep.3d (O.C. Bucks Co. 8/18/2016).

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