Special Needs Trust Template

Special Needs Trust
Comment:
This is an irrevocable inter vivos trust for the benefit of the settlor's disabled
child. It is designed to provide the maximum benefits to the child without threatening
eligibility for Medicaid or other public programs. This Form assumes immediate funding
of the trust.
THE ______________________ [Name of Beneficiary] IRREVOCABLE TRUST
ARTICLE I. AGREEMENT
This Trust Agreement is made this ________ [date] ________ day of ________ [month,
year
], by ________ [Name of Settlor], of ________ [address], as Settlor, and ________
[
Name of Trustee] of ________ [address], as Trustee. This is an irrevocable trust for the
benefit of Settlor's ________ [
indicate relationship], of ________ [address].
Settlor declares that ________ [
he/she] has transferred to the Trustee, without
consideration, the property described in Schedule A attached to this instrument. The
Trustee hereby agrees to hold that property and any other property of the trust estate, in
trust, on the terms set forth in this instrument.
It is Settlor's desire, by this instrument, to create an
inter vivos irrevocable trust, in
accordance with the laws of the State of ________ [
indicate State], whereby the property
placed in trust shall be managed for the benefit of ________ [
Name of Beneficiary]
during ________ [
his/her] lifetime and distributed to the beneficiary named herein upon
the death of ________ [
Name of Beneficiary].
ARTICLE II. INTRODUCTION
The intent of this Trust is to supplement any benefits received (or for which ________
[
Name of Beneficiary] may be eligible) through or from various governmental assistance
programs and not to supplant any such benefits. All actions of the Trustee shall be
directed toward carrying out this intent. ________ [
Name of Beneficiary] shall not be
considered to have access to income and/or principal of the trust and ________ [
he/she]
has no power to direct the Trustee to make distributions of income and/or principal to
________ [
him/her]. No assets in this trust were contributed by ________ [Name of
Beneficiary
].
This trust is intended to insure that there shall always be a friend, advocate and
protector of the legal rights of the beneficiary and to insure that the beneficiary shall
receive services that will assist ________ [
him/her] in achieving a reasonable degree of
happiness and normalcy.
Currently there exist basic living needs, such as dental care and outdoor recreation,
which public benefit programs for the disabled do not provide. It is vitally important that
________ [
Name of Beneficiary] continues to have these programs in order to maintain
a level of human dignity and humane care. If this trust were to be invaded by creditors,
subject to any liens or encumbrances, or cause public benefits to be terminated, it is
likely that trust corpus would be depleted prior to ________ [
Name of Beneficiary]'s
death, especially since the cost of care for disabled persons (not including any
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