Special Needs Trust Template

emergency needs) is high.
The Trustee, in the Trustees sole discretion, may receive property from others as trust
assets during and/or after Settlor's lifetime.
ARTICLE III. TRUST ESTATE
All property subject to this instrument from time to time is referred to as the ''trust estate''
and shall be held, administered, and distributed according to this instrument.
The trust estate consists of the property (plus the proceeds and undistributed income of
the property) that is listed in Schedule A and that is hereafter transferred to the trust by
the Settlor or by others as permitted herein.
ARTICLE IV. DISTRIBUTIONS OF INCOME AND PRINCIPAL
A. Distribution
The Trustee shall, in the Trustee's sole and absolute discretion, distribute so much
income and principal to or for the benefit of the beneficiary as the Trustee shall, in the
Trustee's sole discretion, determine in order to provide supplemental benefits, as
hereinafter defined, to the benefits receivable by the beneficiary through or from various
governmental assistance programs. The Trustee is prohibited from making any
distribution to any governmental entity to replace or reimburse or supplant any public
assistance benefit of any county, state, federal or other governmental agency which has
a legal responsibility to serve persons with disabilities which are the same or similar to
the impairment(s) of the beneficiary herein, and shall not distribute trust assets to or for
the benefit of the beneficiary for such needs as would be provided for in the absence of
this trust by governmental financial assistance and/or benefits and/or by any provider of
services. In no event shall trust property be distributed in such manner that any
governmental financial assistance, which would be available to the beneficiary if this
trust did not exist, is in any way reduced, diminished, altered or denied. All terms of this
trust, wherever they may appear, shall be interpreted to conform to this primary goal,
namely that the governmental financial assistance which would otherwise be available to
the beneficiary if this trust did not exist will in no way be reduced, diminished, altered or
denied. However, a distribution may be made by the Trustee, in the Trustee's sole
discretion, in order to meet a need of the beneficiary for supplemental benefits not
otherwise met by governmental financial assistance.
The Trustee shall, on an annual or more frequent basis, consult with an attorney with
appropriate expertise in the area of public benefits and trust law to review state and
federal legislation, regulations, and other requirements so that the public benefits
eligibility of the beneficiary is not jeopardized by inappropriate actions or distributions by
the Trustee. The cost of such attorney consultations shall be paid by the Trustee from
Trust assets.
B. Beneficiary
This trust shall be primarily for the benefit of ________ [Name of Beneficiary], and the
rights of the remainder beneficiary(ies) shall be of secondary importance. The Trustee
shall not be required to distribute income currently. The Trustee shall not be held
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