how an irrevocable trust might work for long term care plan & protect your assets
an irrevocable trust is a common long term care planning tool. an irrevocable trust would be created by you, the grantor, to hold some of your assets during your lifetime. an irrevocable trust can hold real property, such as your home, or bank accounts and other investment vehicles. if you decide to use an irrevocable trust as part of your long term care planning, we can talk with you about what specific assets of yours might be placed in the trust. however, understanding how an irrevocable trust operates will allow you to make a determination as to whether it is a planning tool you might want to use.
you might request anything you would want. there is no assurance what you requested would be provided you. there might not be a legal reason where you would be supplied the information or documents you request.

if your father's estate was administered through a living trust or some other type of trust, the trust would outline the responsibilities of the executor.

 if your father's estate was required to be probated based on the state probate laws of your state, a probate judge would decide if all the debts and other liabilities were properly and legally handled.

normally if there is a probate, a probate attorney would be selected by the executor and would represent your father's estate to insure that all legal matters are handled properly.

from your statement is appears as if your father appointed your uncle as the executor of his will or trust.normally. if the court has appointed the trust it would appear as if you or your sister would have been appointed by the probate judge.

why are you having trust issues with your uncle who was appointed by your father to handle his affairs once he is deceased.

no mater what you are not legally able to change or alter anything done by the executor of the trust or will. you have no authority.. the same might be said of the documents and information you would want, you might not have the authority to have this information or documents.

if you think there are discrepancies in the executor handling of your father's estate, you would be required to sue the executor.\, handling your father's estate.

of course, your father's estate would be charged with the financial defense of the executor. alsl the probate would not close until all legal matters are complete.

 i hope this has been of some benefit to you, good luck.

"fight on" Something like the following code should do the trick, provided you complete it (just plan 'A' is covered') and make it robust.  

  


```
#include<stdio.h>

int get\_description(const char type\_plan[], const char ** description, const char ** claim\_limit )
{
  int result = 0; // 0 is 'success' , non-zero is 'failure' 

  switch (type\_plan[0])
  {
  case 'A':
    *description = "Room Charges 150/day\nIntensive Care Unit (ICU) Charges 300/day\nHospital Supplies and Services : As charged. Subject to approval by EZMediLife. Surgical Fees\n";
    switch(type\_plan[1])
    {
    case '1':
      *claim\_limit = "Annual Claim Limit 100.000\n";
      break;

    case '2':
      *claim\_limit = "Lifetime Claim Limit 500000\n";
      break;

    default:
      result = -1;
      break;
    }

    break;
  case 'B':
    //...

  case 'C':
    //...

  default:
    result = -1;
    break;
  }

 return result;

}


int main()
{
  const char * plane[]  = { "A1", "K3", "A2" }; -- test planes

  for ( size\_t n=0; n<sizeof(plane) / sizeof(plane[0]); ++n)
  {
    const char * description, * claim\_limit;
    if ( get\_description( plane[n], &description, &claim\_limit) == 0)
    {
      printf("plane %s: %s%s", plane[n], claim\_limit, description);
    }
    else
    {
      printf("unknown plane %s\n", plane[n]);
    }
    printf("\n");
  }
  return 0;
}
``` The answer can be complex depending on what your grandmother is willing to do/accept. Does your grand mother have Power of Attorney for his medical care and finances???? Is your grandmother willing to put her health and marriage first?? If not, it gets very complicated.  
  
1)The Area Agency on Aging is in every county in the USA. She can contact them to come out to evaluate your great grand father for his needs. They offer help with various situations. It is based on income level.  
  
2)Having a Power of Attorney (POA) is a necessity to make legal decisions for another persons medical/finance.  
  
3) If your grandmother does not have a POA and your great-grandfather refuses to get one, there is only one way that I know about to help your grandmother, but only if she is willing to be very strong against her father.'  
  
She can take her father to the ER for medical issue. Then she would have to be very strong to say, "I cannot take care of him." What happens, is the state steps in and he would be placed in a facility if it is determined he cannot take care of himself. Many of had to do this, it sounds drastic, but sometimes it is the only solution when the caregiver is having their own health issues to take care of. The hospital will pressure your grandmother so she will have to stand her ground.   
  
Maybe someone else will have more to offer you than I do. Good luck, and I hope something can be done. I would suggest looking for an assisted living or Memory Care program. Sounds like he needs to have a Power of Attorney assigned for finance and also one for health care. Has anyone in the family broached these topics with your father? Unfortunately, you are now in the position of needing to be more proactive in caring for your father, much like your parents did for you when you were a child unable to make decisions for yourself. It sounds like it is time for a family meeting with your siblings, if you have any, or contacting your local Department on Aging to assist you with the activities that need to be done to adequately care for your elderly father. start paying attention and thinking about your targeted retirement balance. set a goal and an allocation and rebalance regularly to stay on track and mitigate risk. an annuity is a form of insurance that gives an individual the right to receive a certain amount of money over a particular period of time, usually for the rest of one's life. people usually go for an annuity to plan for their future, Monthly payments from a reverse mortgage do not count as "income" for Medicaid purposes, but any payments not consumed or converted to a non-countable form by the end of the month of receipt are then counted as an asset in the following month. In most cases, a reverse mortgage is not advisable for a single person who may move to a nursing home soon, because it will have to be repaid within 12 months of vacating the house. However, if there is a spouse at home, then sometimes a reverse mortgage can be helpful to that spouse to pay the bills, go on vacation, etc. I have a section on reverse mortgages in my book, "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets" (www.MedicaidSecrets.com), in which I also discuss a new technique called a reverse private mortgage. Thank you for your long list. It is really helpful. If Jan is risk-averse, but wants to earn the best rate of return in less than two years, then certificates of deposit would most likely meet Jan's need. You should consult an attorney experienced with guardianships, if there is already a guardianship in place.


If not, then the money is yours and it is yours to do with as you like. Without knowing a lot more about your situation, there isn't much that an attorney can advise to help you protect your assets.