10 considerations when your spouse needs nursing home care
July 17, 2015
Helpful Guides When You Are Appointed to Manage Someone Else's Money
December 12, 2016
Have you been officially asked to manage someone else's money? For example, have you been named as an agent under a power of attorney or appointed trustee of a trust?
As our society ages, more and more people are being asked to take on these roles, but they come with both powers and responsibilities, and problems can arise. If you're not a lawyer (and even if you are), the responsibilities of these positions can seem daunting. Luckily, the federal Consumer Financial Protection Bureau – the only federal office dedicated to the financial health of Americans age 62 and over -- released four guides for people who have been given the responsibility of managing money or property for someone else. The guides, which are free, are collectively called “Managing Someone Else's Money.”
The Managing Someone Else's Money guides are designed to help non-lawyers; they walk you through your new responsibilities, teach you how to protect the person in your care from financial exploitation, and give you links to additional resources. For example, the guides tell you, the agent, what to do to avoid problems with family and friends who think you are doing a bad job. The guides also help you coordinate with other agents who may have been assigned to work with you and any outside professionals whose help you may need (such as lawyers, brokers, and financial planners).
The guides include help for agents under a power of attorney, court-appointed guardians of property and conservators, trustees under a revocable living trust, and representative payees and VA fiduciaries (a person who manages someone else's government benefit checks). All four types of agents are fiduciaries, which means they owe four special duties to the people for whom they are managing money or resources: the duty to act in the individual’s best interest, the duty to manage the individual’s money and property carefully, the duty to keep the individual’s money and property separate from their own, and the duty to keep good records. Every guide includes detailed information about these four duties.
If you have been assigned to be an agent for someone, that assignment should come with a document (power of attorney, trust document, court order, etc.) that will tell you what you can and cannot do. It is important to stay within the limits that document sets for you. These four guides, which were developed for the Bureau by the American Bar Association Commission on Law and Aging, are not a substitute for legal counsel, but they can help keep you on the straight and narrow.
In Massachusetts, conservators appointed by the court are required to file an inventory and an annual accounting. It is also important to remember that Conservators cannot set up a trust for the protected person or give away any of his/her money, without seeking court authority. In addition, a Conservator needs to obtain permission to sell real estate.
If you are appointed as a fiduciary for someone and need guidance, the elder law attorneys at Senior Solutions are ready to help you.
Senior Solutions, Attorneys at Law, is an elder law and estate planning law firm serving the Greater Boston and South Shore of Massachusetts. We are caring attorneys, ready to help you. Please feel free to contact us anytime that you have a question related to elder law or estate planning.