QUESTION

How can I help my grown mentally ill son who is not inclined to hurt himself or anybody else. Just doesn't want any help.

Asked on Feb 18th, 2022 on Estate Planning - Georgia
More details to this question:
He is 40 yoa. As a young adult, he recognized that he needed help, but wasn't willing to put in the work. As time progressed, he became worse. Now he appears to be beyond help. He doesn't do anything. Spends his days sleeping and drinking beer. Doesn't do drugs, because he has no money, but he fantasizes about being a drug dealer, which would be difficult because he has no car and is not allowed to drive ours. He doesn't like us and literally hates me, his mother, but he won't move out, because he is not mentally able to hold a job. As a young man, he had numerous jobs, some good ones and some not so good ones, but quit or was fired from all of them. We are in our 70s and not in the best of health. We have expressed concerns to him about what is going to happen to him after our demise, but he will not listen. We are fairly financially sound, but will not be able to leave him a rich man. How can we help him? Is it too late?
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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I am so sorry for your situation; you have my deepest sympathy.   You can't force your son to get help, or to accept it. You can take steps to ensure that you do not leave him any assets outright. You can also take steps to ensure that any assets that you do leave him will be available and can be used by a third party in ways that will help him and not allow him to indulge in self-destructive behavior with your assets. You should consider having your estate planning provide for your son's share of any inheritance you may leave him pass to a trust for his benefit- either a full-blown supplemental needs trust (a "third-party" one, since it will be funded by you, with your assets) or a community pooled trust. That way, if he is ever eligible for and applies for needs-tested benefits like Supplemental Security Income and Medicaid, the trust won't count against him, but it can be used to help improve his quality of life as much as possible, and he can't just waste it. That way, it will be there for him if and when he is ready to seek help, and it will be there for someone to use to help him as much as possible even if he continues not to seek help.   Find an attorney who works with familiies with disabled family members on estate planning matters, and get an estate planning consultation. Best wishes to you.  
Answered on Feb 21st, 2022 at 12:48 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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He can only remain unproductive if you continue providing him assistance.  If he is unable to work because he has special needs, you need to try to qualify him for social security benefits. You shoul develop an estate plan that leaves your assets to a trustee to administer for your son's benefit.
Answered on Feb 19th, 2022 at 11:18 AM

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