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I Have Alzheimer’s or Another Dementia
Hi and welcome,
I am not sure I understand the situation fully, maybe you can explain better?
I know that I have to count on and have faith in the decisions I made when I could, were the right decisions. Yes, circumstances change, but it is harder and harder for me to conceptualize the details and so it makes it very hard to make new or different decisions...why I trust my old decisions. Maybe a bit of that is at play.
Trusts are usually set up to 1) protect money from being taken by nursing homes; and 2) to care for others rather than self. While the money could help with their care, their probably was a good reason to protect it. Nursing homes take everything you have until there is nothing left (unless it was protected in a Trust)...and then you are forced onto state care, and have to down grade care. Not a good option in most people's minds...esp older folks, who often feel that they built up wealth for their children, rather than for their own care.
You might consider calling a few attorneys (usually elder care/probate/estate planning attorneys). They will usually talk to your for about 20 minutes for free and tell you what they'd do for you...and that will usually give you a clearer picture of the issues you are facing.
If your person has dementia or Alz, then they likely no longer have capacity to make any changes anyways. And that is the usual avenue of legal challenge of anything you would do...so you would need clear and convincing evidence that your person HAS capacity to make these changes, and wants to make these changes.
That is about all I know on it, trusts were never my thing so I don't know much about them. Hope that helps. Hang in there. The spouse board may offer more insight. A fella by the handle ghostdog seems to be an attorney and may offer more insight, I think he is in the caregiver's section...I doubt he reads over here.
Best of luck.