Special Needs Trust Template

accountable to any beneficiary if part or all of the principal shall be depleted as a result
of distributions under this trust in accordance with the terms of this trust. Any income not
distributed shall be added to and become a part of the principal.
Any determination made by the Trustee in good faith as to the manner in which or the
extent to which the powers granted by this trust shall be exercised shall be binding and
conclusive upon all persons who might then or thereafter have or claim any interest in
the trust property.
1. Supplemental Benefit/Special Needs
The Trustee shall pay to or apply for the benefit of ________ [Name of Beneficiary] for
________ [
his/her] lifetime, such amounts of principal or income, up to the whole
thereof, as the Trustee in its discretion may from time to time deem necessary or
advisable for the satisfaction of ________ [
Name of Beneficiary]'s special needs, and
any income not distributed shall be added to the principal. As used in this instrument,
''special needs'' refers to the requisites for maintaining the beneficiary's good health,
safety and welfare when, in the discretion of the Trustee, such requisites are not being
provided by any public agency, office or department of the State of ________ [
indicate
State
], or of any other state, or of the United States.
The term ''special needs'' or ''supplemental benefits'' would or could include, but not be
limited to, health services not otherwise available, programs of training, education and
treatment, equipment, supplemental dietary needs, and travel. The aforesaid
specifications of supplemental benefits are illustrative only.
2. Spendthrift Provision
No interest in the principal or income of this trust shall be anticipated, assigned or
encumbered, or shall be subject to any creditor's claim or to legal process, prior to its
actual receipt by the beneficiary. Furthermore, it is Settlor's intent, as expressed herein,
that because this trust is to be conserved and maintained for the special needs of
________ [
Name of Beneficiary], no part of the corpus thereof, neither principal nor
undistributed income, shall be subject to the claims of voluntary or involuntary creditors
for the provision of care and services, including residential and/or institutional care, by
any public entity, office, department or agency of the State of ________ [
indicate State],
or any other state, or the United States, or any other governmental agency.
3. Public Benefits
Settlor declares that it is Settlor's intent, as expressed herein, that because ________
[
Name of Beneficiary] is disabled and will be unable to maintain and support ________
[
himself/herself] independently, the Trustee shall, in the exercise of its best judgment
and fiduciary duty, seek support and maintenance for ________ [
him/her] from all
available public resources, including Supplemental Security Income (SSI), ________
[
Medicaid or equivalent state program], and federal Social Security Disability Insurance
(SSDI). In making distributions to the beneficiary for ________ [
his/her] special needs,
as herein defined, the Trustee shall take into consideration the applicable resource
limitations of the public assistance programs for which the beneficiary is eligible.
4. Commingling
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