[WSBAPT] SNT

[MK Henderson]

It seems that you want a vehicle that allows the trustee to distribute but
then if the beneficiary becomes ill the trustee would be able to withdraw
what has been given. I think the avenue to that end would be to do partial
distributions of a specified amount if the beneficiary is healthy.  That
way the trustee has control of the corpus of the trust but the beneficiary,
potentially, has the ability to make decisions on large distributions from
time to time depending on his health. In between large distributions then
the trustee could distribute small amounts with the restrictions of a
special needs trust when needed.

On Thu, Sep 3, 2015 at 6:22 PM, Jayne Gilbert <jgilbertatty at gmail.com>
wrote:

> The trustee is a family friend and a retired RN with a mental health
> background
>
> On Thu, Sep 3, 2015 at 6:00 PM, Jeff Davis <jeff at bellanddavispllc.com>
> wrote:
>
>> Carl,
>>
>>
>>
>> I know you want to trustee in the Puget Sound area, but I have used:
>>
>>
>>
>> Northwest Trustee & Management Services
>>
>> 7307 N. Division
>>
>> P.O. Box 18969
>>
>> Spokane, WA  99228-0969
>>
>> Telephone:         (509)-466-3024
>>
>> Fax:                       (509)-468-2577
>>
>> www.nwtrustee.com
>>
>>
>>
>> Stephen Trefts is the President and is very personable.  He knows Clallam
>> County well.  They deal with moderate size trusts.
>>
>>
>>
>> Jeff Davis
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
>> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Carl L. Gay
>> *Sent:* Thursday, September 03, 2015 5:21 PM
>> *To:* 'WSBA Probate & Trust Listserv'
>> *Cc:* listserve elder law
>> *Subject:* Re: [WSBAPT] SNT
>>
>>
>>
>> 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
>> <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*
>>
>> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>>
>> 3909 California Avenue SW
>>
>> Seattle, WA 98116-3705
>>
>> (206)938-5500
>>
>> heatherd at westseattlelaw.com
>>
>> www.westseattlelaw.com
>>
>>
>>
>> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
>> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>>
>>
>>
>> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
>> privileged and/or confidential information.  If you have received this
>> e-mail in error, please notify the sender immediately and delete all copies
>> of this e-mail message and any attachment.
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [
>> mailto:wsbapt-bounces at lists.wsbarppt.com
>> <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
>>
>> 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
>>
>> *************************************************
>>
>>
>> _______________________________________________
>> 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
>>
>> *************************************************
>>
>> _______________________________________________
>> 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
> *************************************************
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>



-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150904/c295747b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 7560 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150904/c295747b/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150904/c295747b/image001.jpg>