[WSBAPT] SNT

Thu Sep 3 17:21:09 PDT 2015

I am enjoying all the posts in response to this query.  I have a situation where I need assistance in locating a professional trustee to administer a special needs trust for the 40+ year old daughter of elderly clients.  

My clients are both in rapidly failing health and their daughter (and only child), who currently resides with them, is bi-polar and subject to unpredictable rages.  She is at other times perfectly “normal” and so some type of involuntary commitment is likely unsustainable.

There are no other relatives or close friends available to accept responsibility for her.  The size of the estate is moderate but I see no alternative available other than a professional trustee for the rest of the daughter’s life.

I would appreciate referrals, most likely in the greater Puget Sound area.  Many thanks.

Carl Gay

Port Angeles

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Thursday, September 03, 2015 4:24 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] SNT

The issue I would focus on for this situation is what discretion the Trustee has, selecting a good one, who understands the disability, and the termination provisions. Often a SNT will provide for termination “when the disability ceases”. That might need to be more well defined for this beneficiary, or removed altogether.

I don’t think there is any requirement that a beneficiary of a SNT be permanently or continuously disabled. This might be similar to an alcoholic or drug addict, often times they may be just fine, but if they fall off the wagon can be very unable to handle funds. A SNT is a perfect vehicle for their needs with a trustee who understands the situation.

Heather

Heather S. de Vrieze
Attorney-at-Law

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3909 California Avenue SW

Seattle, WA 98116-3705                          

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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 4:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] SNT

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 <tel:%28360%29393-9506> 

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

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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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