[WSBAPT] Mandating Therapy as testamentary trust provision

[Laura Latta]

A very interesting discussion.

Another issue I could foresee with enforcing this provision would be
knowing what topics were discussed in therapy. The counselor would
presumably not be able to share such information with the PR/Trustee. How
would the PR know that the family trauma was being addressed even if the
beneficiary attended counseling sessions. In fact, it might be difficult
finding a good counselor to take on the patient/beneficiary under the
circumstances. For example would the counselor agree to address the
traumatic issue in X number of sessions before establishing trust with the
patient?

I wonder if a holdback provision that focuses on whether the beneficiary
would be harmed by the inheritance or unable to manage the
inheritance based on mental health might get closer to the client's goal in
a more manageable way rather than trying to mandate therapy for a specific
issue? Perhaps you could include precatory language stating that seeking
therapy should be taken into consideration in favor of distribution? More
of a nudge toward therapy than a requirement... Just thinking out loud.


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

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On Mon, Oct 17, 2022 at 9:37 AM Jennifer L White <jen at appletreelaw.com>
wrote:

> I have represented PR’s having to carry out these sorts of requirements –
> huge eye roll and a pain in the (insert body part). Universally hated
> provision of useless outcome.
>
> It would likely be of more value for the testator to engage WITH the
> beneficiary in this kind of therapy before they actually die rather than
> trying to cram it down as a condition of receiving an inheritance (again,
> IMHO).  Of course, having previously handled domestic relations early on in
> my career, I also gave the statute that could require a certain number of
> marriage counseling sessions before dissolution, a huge eye roll, with the
> further opinion of waste of time and $$$.
>
>
>
> Jennifer L. White, Esq.
>
>
>
> *jen at appletreelaw.com <jen at appletreelaw.com>*
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Thursday, October 13, 2022 1:57 PM
> *To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Mandating Therapy as testamentary trust provision
>
>
>
> Greetings List -
>
>
>
> A PC would like to make a condition to receiving the funds that the
> beneficiary participates in a specific number of counseling sessions to
> discuss a particular topic associated with shared family trauma.
>
>
>
> I have heard of provisions associated with clean drug testing, etc....but
> never this.
>
>
>
> Before I dive into the law library and down a million rabbit holes - I
> wanted to check with the collective first.
>
>
>
> Appreciate any guidance and direction.
>
>
>
> Brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
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