[WSBAPT] SNT

[Ron Richmond]

Carolyn Olberg in Poulsbo.
On Sep 4, 2015 11:27 AM, "Jayne Gilbert" <jgilbertatty at gmail.com> wrote:

> Does anyone know of a Professional Guardian with experience in recouping
> assets from a financially exploited IP?
>
> On Fri, Sep 4, 2015 at 11:05 AM, Tom Stuen <tomstuen at comcast.net> wrote:
>
>> Carl:  I use Stephanie Inslee and Cindy Maxwell, “Inslee Maxwell and
>> Associates”, www.northwestguardians.com for such situations.  Good
>> people, often court appointed in Whatcom County.  Give them a call at
>> 360-676-7398.
>>
>> Tom Stuen
>>
>>
>>
>> *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' <wsbapt at lists.wsbarppt.com>
>> *Cc:* listserve elder law <elder-law-section at list.wsba.org>
>> *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
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>> e-mail in error, please notify the sender immediately and delete all copies
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>>
>>
>>
>> *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
>>
>> *************************************************
>>
>>
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>>
>>
>>
>>
>>
>> --
>>
>> *************************************************
>>
>> 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
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