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If I die before my mother, how can I be sure that there will be someone there to take care of her; she has dementia?

Question Details:I am living with a 92 years old dementia mother alone in my house. If I die before my mother die, I have no one who can take care my mother and my funeral. I like to make living trust for this purpose, but I do not know how trustee find out my death immediately since my mother is not capable to contact to him and if trustee does not execute my living trust after my death, no one can find out this, because my mother is dementia. I must get agreement with the person who become trustee before I make living trust ? How I can find such person. Thank you very much,

Asked 2 years ago under Wills, Trusts, Probate | 324 Views | More Legal Topics

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MTD, Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

There are a number of things you can do.  If you have children or distant family, name them trustees (should be someone you can trust).  The trust can be for you and you should include one for your mother (I assume if she has dementia, you have a power of attorney over her and her assets).

You can always name an attorney a trustee, as long as you also get an independent review of the estate planning documents.  Try www.attorneypages.com to look for a wills/trust attorney and check his or her record at www.calbar.ca.gov under attorney search.  Consultations with attorneys can also help you decide what type of trust you wish to have, which would include directives on the care of your mother and funeral arrangements for both of you.

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