Is there any form of protection that one could have if they don’t have any family that they trust to become guardian?

UPDATED: May 24, 2013

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Is there any form of protection that one could have if they don’t have any family that they trust to become guardian?

I am wondering if it would be possible to form a trust or will like document that states what would happen to me and my assets if I was no longer capable of taking care of myself. Something that would restrict the powers of a guardian, that was someone outside my family, such as a lawyer or an entity. Having a checks and balance within it that called for an pre-determined outside accounting firm to make sure money was not being siphoned or overly spent on things that did not benefit me directly? A document that detailed what my estate or assets could be spent on, and under what circumstances could they be sold or adjusted?

Asked on May 24, 2013 under Estate Planning, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a spendthrift trust naming particular institutions to aid in your help. You should sit down with several estate planning attorneys for consultation and discuss your options and what you wish to occur pror to hiring one attorney over any other. Talk to the bar association in your state that handles trusts and estates and see if it has any literature for you to review. Start reading up on spendthrift trusts and accompanying directive documents to help you get started.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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