Colorado Recovery Forum

Mental Illness Guide: Care, Support, and Education
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How can I make sure the person with mental illness will

 be taken care of if I die?

Please note: The following is general information about the law and does not necessarily apply to your individual situation or constitute legal advice. Each person's circumstance is different. Therefore, it is important to consult a lawyer before making any legal decisions in regards to your mentally ill loved one and how they should be provided for in the event of your death.

Many families who care for a loved one with a mental illness worry about what will happen to the person after they are gone. They want to know how they can leave money for person with mental illness without hurting benefits like Social Security and Medicaid. They also want to make sure that the person will not squander the money away. Fortunately, there are steps you can take to ensure that your loved one is properly cared for when you are gone. You have three basic options. You can leave your estate to the person with mental illness in your will. You can also leave your estate to a trusted relative or friend who can use the money to take care of the person with mental illness. Or, you can establish a discretionary trust. Click on the links below to learn more about each of these options. 

What are the advantages and disadvantages to leaving my estate to the person with mental illness? 

What are the advantages and disadvantages of leaving my estate to a trusted relative or friend who can use the money to take care of the person with mental illness? 

What is a discretionary trust? 

How does a discretionary trust work? 

What are the advantages and disadvantages of establishing a discretionary trust? 

How do I make sure that the money in the trust is protected and does not affect Medicaid or Social Security benefits? 

Can I have the money from my life insurance put in a discretionary trust? 

Are you sure you are all set? Here is a checklist of questions you should ask yourself.