[WSBAPT] SNT

Thu Sep 3 17:26:24 PDT 2015

Here is similar language I have used which, hopefully, properly addresses your issue.

Carl Gay

Port Angeles

6.4         DISTRIBUTION IN THE EVENT THE BENEFICIARY NO LONGER SUFFERS AN INCAPACITY.  In the event it is determined by two (2) board-certified physicians providing care or consultation to the beneficiary and having medical expertise relative to the incapacity, that the beneficiary no longer suffers from or is disabled by the incapacity, the trustee shall thereupon conclude the administration of this trust in accordance herewith and the net remaining trust estate shall be distributed to the beneficiary, free of trust, whereupon this trust shall be terminated.  

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, September 03, 2015 4:19 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] SNT

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 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

NOTICES:

 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.

Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

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> 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 <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

-- 

*************************************************

Jayne Marsh Gilbert

Gilbert and Gilbert Lawyers, PS

(360) 336-9515 <tel:%28360%29%20336-9515> 

*************************************************

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 

*************************************************

Jayne Marsh Gilbert

Gilbert and Gilbert Lawyers, PS

(360) 336-9515 <tel:%28360%29%20336-9515> 

*************************************************

-- 

*************************************************

Jayne Marsh Gilbert

Gilbert and Gilbert Lawyers, PS

(360) 336-9515

*************************************************

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150903/8751d6c9/attachment.html>