Special Needs Trust Template

related to administration and distribution of the trust estate (including fees of the Trustee,
________ [
his/her] attorney, and other agents) if, in the Trustee's sole discretion, other
satisfactory provisions have not been made for the payment of such expenses. The
Trustee shall make no payments for obligations incurred for said beneficiary's health,
support and maintenance if the Trustee shall determine in [
his/her] sole discretion that
payment therefore is the obligation of any county, state, federal, or other governmental
agency, which has a legal responsibility to serve persons with disabilities which are the
same as or similar to the impairment(s) of said beneficiary herein.
ARTICLE V. DESIGNATION OF TRUSTEE
A. Trustee
________ [Name of Trustee] shall serve as initial Trustee. In the event that ________
[
Name of Trustee] ceases to act as Trustee, ________ [Name of Alternate Trustee], of
________ [
address], shall act as Trustee. In the event that this trust is activated during
the Settlor's lifetime, the Settlor shall thereafter neither act as Trustee nor have the
power to appoint or remove a Trustee.
If there is no named successor Trustee who accepts appointment, the Trustee or if the
Trustee fails to act, the beneficiary of the trust may secure at the expense of the trust the
appointment of a successor Trustee by a court of competent jurisdiction. Any corporate
Trustee so appointed shall be a corporation organized under the laws of any State or of
the United States authorized by law to administer trusts and maintaining a full-time trust
department. Any Trustee hereunder shall be an independent corporate or individual
Trustee (as defined under Internal Revenue Code Section 674) and shall not be a
beneficiary hereunder. Appointment shall be effective upon acceptance of the successor
Trustee as of the date the prior acting Trustee ceased to act.
B. Incapacity of a Trustee
If a Trustee cannot administer the trust because of incapacity, during any period of
incapacity the successor Trustee named herein (or appointed as provided herein) shall
act as Trustee, having all rights and powers granted to the Trustee by this instrument.
Incapacity shall mean any physical or mental condition of the Trustee, whether arising
from accident, illness or other cause, which renders the Trustee unable to conduct the
regular affairs of the trust estate, including but not limited to the endorsement for receipt
of funds and writing of checks for disbursement of funds from the trust estate, which
condition of incapacity is probable to extend for a period greater than ninety days.
Incapacity shall be conclusively established if either the Trustee's regularly attending
physician or two doctors, authorized to practice medicine in the State of ________
[
indicate State], (or in any State or country in which the Trustee is then residing) issue
written certification to that effect.
In the absence of certification, a Co.-Trustee or successor Trustee or beneficiary(ies)
hereunder may petition the court having jurisdiction over this trust to remove a Trustee
and, if there is no other acting Trustee, replace him or her with the successor Trustee.
Neither a Trustee nor beneficiary who so petitions the court shall incur liability to any
beneficiary of the trust or to the substituted Trustee as a result of this petition, provided
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