[WSBAPT] Application of first party special needs trust assets

[Marcus Fry]

Kerry:

It really depends on the trust.  If it is an older trust, it may violate
the term.  You need to review the language.  Most SNTs today have give the
trustee flexibility to make disbursements that reduce or eliminate
Medicaid or other governmental benefits if the trustee believes it is in
the best interest of the beneficiary, i.e., improve quality of life, etc.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Brink, Kerry
Sent: Wednesday, June 04, 2014 3:57 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] Application of first party special needs trust assets

 

I serve on a trust advisory committee for a first party SNT beneficiary
that desperately wants to move from a fully supported DDD home to a home
where Medicaid would pay part of the monthly cost and the trust has been
asked to pay the balance of the monthly room and board.  Would payment of
basic services (room and board) invalidate the protection of the SNT?  I
know I should know this.  Maybe I should request an opinion form an
expert? 

 

Thank you.

 

Best Regards,

 

Kerry E. Brink

Kerry E. Brink, Attorney

Vandeberg Johnson & Gandara, LLP

PO Box 1315

1201 Pacific Ave., Suite 1900

Tacoma, WA  98401-1315

www.vjglaw.com

 

* kbrink at vjglaw.com

( 253.383.3791 (main)

         253.591.8555 (direct)

         253.383.6377 (fax)

 

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