[WSBAPT] SNT

[Marcus Fry]

I think you should be given the medical history.  But the language you are looking for is something to the effect, “If my Trustee, in my Trustee’s sole and unfettered discretion, believes that my beneficiary has recovered sufficiently from or is no longer suffering from any disability, illness, or impairment, whether mental or physical, and if my Trustee believes it to be in my beneficiary’s best interest, my Trustee is authorized to disburse the corpus of this Trust and any undistributed income to my beneficiary outright and free of trust.”

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jayne Gilbert
Sent: Thursday, September 03, 2015 4:03 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] SNT

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<mailto: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<mailto: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<tel:%28360%29393-9506>
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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

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Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515<tel:%28360%29%20336-9515>
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*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515<tel:%28360%29%20336-9515>
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*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
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