[WSBAPT] SNT

[Jayne Gilbert]

The trust is not necessarily concerned with the ability to get government
aid

On Thu, Sep 3, 2015 at 4:01 PM, Jayne Gilbert <jgilbertatty at gmail.com>
wrote:

> Ok maybe I have misused the term SNT What I'm trying to cover is a Trust
> for the benefit of someone that has capacity most of the time (can be
> years) but has episodic events that render him incompetent. I am looking
> for trust provisions to address incapacity and then regaining competency
>
> Thank you
>
> On Thu, Sep 3, 2015 at 3:39 PM, Jim Doran <jim at doranlegal.com> wrote:
>
>> I am wondering about this question.  Maybe I am missing something.  And
>> maybe it is because I have not faced what is actually being asked.
>>
>>
>>
>> Anyway, the Special Needs Trusts that I do are not illness specific.
>> They are worded to set up the Trust and corpus for the benefit of the
>> Beneficiary to be used for *anything that does not violate the rules and
>> regulations on any federal or state aid programs* the beneficiary might
>> be getting or to get in the future.  I have seen the SNT that recites a
>> listing of what the Trust can be used for but the better practice, so I was
>> taught, is to not try to list the things that the Trust can be used for
>> but, on the other hand, to list what it can’t be used for: “anything that
>> violates the aid the beneficiary is receiving”.
>>
>>
>>
>> I can imagine that there could be a SNT that is not concerned with aid
>> programs at all and that recites specific things the Trust can be used
>> for.  Is that the version of what you are asking for?
>>
>>
>>
>> Jim
>>
>>
>>
>> James R. Doran
>>
>> Attorney at Law
>>
>> 100 E. Pine Street – Suite 205
>>
>> Bellingham, WA 98225
>>
>> (360)393-9506
>>
>> jim at doranlegal.com
>>
>> www.doranlegal.com
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
>> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Jayne Gilbert
>> *Sent:* Thursday, September 3, 2015 12:06 PM
>> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> *Subject:* [WSBAPT] SNT
>>
>>
>>
>> Does anyone out there have provisions they might share for a SNT
>> involving a beneficiary who is bi-polar? In this case the benef for the
>> most part functions quite well for years, but hits some episodes for which
>> his medicine needs to be changed or he may need to go to the hospital for a
>> while
>>
>>
>>
>> Thank you
>>
>>
>>
>> --
>>
>> *************************************************
>>
>> Jayne Marsh Gilbert
>>
>> Gilbert and Gilbert Lawyers, PS
>>
>> (360) 336-9515
>>
>> *************************************************
>>
>> _______________________________________________
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>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>
>
>
> --
> *************************************************
> Jayne Marsh Gilbert
> Gilbert and Gilbert Lawyers, PS
> (360) 336-9515
> *************************************************
>



-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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