The I.A.F. Plan For Living Independently Until You Die
“I am retired, and it is getting harder to do my normal activities Do I have to live in a Retirement Center or in Independent-Living or Assisted-Living Quarters? Can’t I just stay in my own home? I don’t want to move anywhere; but now I ‘m thinking; what would happen if I were to get a terrible neurological condition such as Alzheimer’s -Dementia, Vascular -Dementia, Parkinsons’ Disease, or what if I have a stroke, then I would really be confused and not able to sort things out. How can I stay in my apartment, when so many things that I can’t begin to know may happen to me. I want to do something now to protect me for later. I want to stay in my own home…..”
YOUR Solution may be A ‘DISABILITY –TRUST!
WHAT IS A ‘DISABILITY-TRUST’?
A ‘Disability-Trust’ is a Revocable ‘Inter-Vivos Trust’ or a ‘Living-Trust’ which is established for you by an attorney. You are the original TRUSTEE and GRANTOR for the purposes to be stated in writing subsequently in your Trust Instrument along with your wish to reside in your home or apartment should incompetence occur,so when in a future time you could no longer voice your True feelings. In that future time You would no longer be the Trustee of your own Trust. Should you be mentally and physically healthy until you leave the world, the ‘Disability-Trust’ will never be used. Happily, it is only for your protection to allow you not to feel anxious when you remain at home, if you feel more comfortable there.
You are required, however, to choose in the present your Alternate Trustee or Trustees, and if more than one, whether they would act together, or separately, or if only one Trustee, and he or she cannot be present at some strategic time in the future, your Alternate Trustee may need to choose a Surrogate-Trustee, who must also be mentioned in the present.
The Disability- Trust is revocable and can be changed or revoked until the original Trustee becomes incompetent, when the Trust becomes irrevocable in some future time. If two Physician’s state in writing that incompetence has occurred; then the Trust becomes irrevocable.
You are the original Trustee; When, however, at some future time, two physicians, called by your chosen ‘Alternate Trustee or Trustees state in writing that you can no longer take care of your own affairs or the affairs or those who are dependent upon you for their support, and that your incompetence is liable to last more than six months, then the Alternate Trustee or Trustees can act using the Power of Attorney that becomes active at this time which is included in your Trust Instrument and becomes the new Trustee in your place and stead.
Your Alternate Trustee, now the Trustee of your Trust will use his new powers to see that you do l reside in your home, Aides will be hired with the funds that you have made available in an Appendix ‘A’ which is included in your Trust- Instrument and gives the name of your Bank and the numbers of the Accounts where your funds are which can be withdrawn from your Account, and put into the Trust Account to be used only and solely for your welfare.
The Trustee or Trustees, will look in on you, at least once on a weekly basis, to see that the care by the Aides that he or she has hired is good, and your apartment or house is clean, and you look well-fed and emotionally secure. Then your Trustee or Trustees can make a budget to be given to your Aide, to buy food, and clothing and your Trustee(s) will visit on a weekly basis, to refresh the budget, and see how you are doing.
The new Trustee(s) will make payments for your maintenance or rent, and other expenses such as electricity, telephone and cable.
Should your assets deplete over periods of years, your Trustee(s) would make application for MEDICAID, and you will be able to keep the aidses that you had when you had money. Before Medicaid is applied for, your Trustee(s) can remove necessary assets for a P re-Needs Funeral Disposition which includes plot, perpetual care and monument (If you have not already)
If depletion of your assets is not a problem; when your end-time time comes, and, if you have requested it, the remaining assets can go back to your estate to be distributed in your Last Will and Testament, or if you want your funeral disposition to be effectuated through your Trust, the Trustee(s) can then distribute your assets from the Trust instrument instead of through your Last Will And Testament where your assets can then go through probate.
The ‘Disability Trust’ was originally established by the ‘Brookdale Center for the Aging at Hunter College in the 1980’s and worked on by many young Lawyers who believed that a ‘Durable Power of Attorney’ or a ‘Springing Power of Attorney was not enough! There had to be a more fleshed-out understanding of what was wanted by the Grantor; not just to remain in his own home but to Keep track of the assets and to distribute them at the end of his life as he or she wanted and not what the man or woman who was given the Power of Attorney wanted.
After the ‘Disability –Trust is executed, in the present, the Original Trustee takes the Original Trust Agreement to the Bank where a Bank Account is created in the name of the Trust. TRUST OF _______________
The Bank Officer, after seeing the original Trust -instrument makes a copy of the Trust, and keeps it on file, and if the Trust is activated by two Physician’s letters and the Letters are brought into the Bank; the Trust is activated, and the Alternate Trustee, becomes the Trustee, using the Power of Attorney, and now the Trust becomes irrevocable and the Grantor need not have Guardians appointed for him, by the Court, but has chosen Trustees, that he or she Trusts and is secure in the knowledge that he or she can live at home for the rest of their days.