My mother is now in a assisted living facility. We are paying cash for the cost of the facility. My question is when the money runs out can ...

Question

My mother is now in a assisted living facility. We are paying cash for the cost of the facility. My question is when the money runs out can they access the living trust for payment or will the state pay? We reside in Illinois

Answer

It depends on the terms of the trust. In most cases, trusts are set up as revocable living trusts which would not provide asset protection against the trust creator's creditors. Review the trust with the attorney who assisted your mother in creating it, or choose another attorney to help you understand the terms of the trust.

Answer

I agree with Attorney Prihoda. There is not any way to evaluate the situation without knowing (1) the date of the trust; and (2) the terms of the trust. Contact a reputable elder law attorney. The field is limited, but it could be well worth getting the best advice you can.