Q: I am the caregiver and family trust trustee. I am the caregiver of my dad. He keeps wanting to give me money. I want him to hold on to all that he has, in order to help get him through his life so when I get paid it will be after my dad is gone. My question is, if everything ‘pours over’ to the trust and I am the successor trustee, am I in conflict of interest or doing something illegal if I will the trust after my dad is gone to get paid for the care giving?
A: It depends on how the trust is structured. Typically, a trustee does not get to choose trust beneficiaries or pay herself funds for caregiving. Discuss this with an elder law attorney who can review all the documents because no one can answer this competently without much more information.