Retirement tax questions

A trust can be circumvented (in an instance such as the one presented here) by utilizing a guardianship or a conservatorship (depending upon state law), provided there is a responsible family member (or other party) and the affected individual is only marginally competent.

 

A POA (for finances) might be appropriate in other circumstances, again depending upon state law and the competency level and needs of the principal. 

 

Hence, consulting local legal counsel is critical.