Can an administor of an assisted living facility be a trustee for one of the residents in the facility?

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Can an administor of an assisted living facility be a trustee for one of the residents in the facility?

The wife is currently a resident in an assisted living facility. The husband was to make the administer the trustee of the family trust as they have no sibling or children. The husband does not contest the potential conflict of interest.

Asked on February 4, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I have indeed heard of that being done since the administrator of the facility is responsible for the care of the parties, but I would not say for sure that your state allows it or that it is wise, since you are correct that there exists the potential for a conflict of interest.  I would speak with the attorney that is helping you to create the trust and see what he or she states about your wishes.  I understand that asking distant family members to be the trustee may be a lot in some circumstances and that it may be "easier" for you.  Check it out.  Good luck to you.


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