[WSBAPT] substitute for special needs trust

Sarah McCarthy sarah at kawlawyers.com
Mon Mar 9 09:10:45 PDT 2020


If she meets the eligibility criteria, perhaps a "pooled" SNT under section
d4c would be a better fit for her. Lifetime Advocacy Plus is a nonprofit in
Western WA that administers one such fund.  They have a very simple 2-page
agreement that she would have to sign off on, and the organization would
serve as trustee. https://www.laplus.org/  Since this is contrary to the
Will provision, perhaps a TEDRA agreement would be an effective work-around.


*Sarah O’Farrell McCarthy*
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Fri, Mar 6, 2020 at 5:00 PM Robert R. Cole <cole-gilday at stanwoodlaw.net>
wrote:

> I have by Will been appointed Trustee for a SNT fbo a disabled woman on
> SSI.  She very much doesn't like this, and I am not thrilled about it
> either.  She wants it put into an ABLE trust, which I understand I cannot
> do since she was disabled after age 26.  So, my question is, is there a
> institutional fund that could work to dole out benefits to her to keep her
> qualified for SSI etc?  I have had clients contribute excess money to
> those, but with the expectation that they would likely never take it out.
> How do they get it out?  Thanks.
> --
>
> Very Truly Yours,
>
> Robert R. Cole
>
> Law Office of Cole & Gilday, P.C.
>
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