Special Needs Trust

ARTICLE AAA: SPECIAL NEEDS TRUST PROVISION FOR SSS

A. Intent to Create Special Needs Trust. For SSS’s share of the trust property, there is to be created a “Special Needs Trust,” with the expectation and intent that this trust, as further funded from time to time by lifetime and testamentary gifts, will provide for our daughter/son/whomever, SSS, extra and supplemental care, maintenance, support and education in addition to and over and above the benefits SSS may otherwise receive as a result of his handicap or disability from any local, state or federal government, or from any other public or private agencies, any of which provide services or benefits to or for the benefit of persons who are handicapped or disabled. It is our express purpose that the trust estate be used only to supplement other benefits received by or paid on behalf of SSS.

B. Expenditures for SSS. The Trustee shall administer and distribute the Trust Estate as follows: The Trustee shall pay to or apply for the benefit of SSS such sums out of the income or principal of the Trust Estate as the Trustee, in the Trustee’s sole discretion, considers necessary or appropriate for SSS’s special needs. As used herein, “special needs” refers to the requisites for maintaining SSS’s happiness, welfare and development when, in the discretion of the Trustee, such requisites are not being provided by any public agency, office or department of any state or local government, or of the United States. “Special needs” shall include but not be limited to, spending money (i.e., money to purchase appropriate gifts for relatives and friends), small visual and/or audio equipment for entertainment purposes (i.e., radio, record player, television set), vacations, including, but not limited to, vacation and recreation trips away from places of residence, expenses for a traveling companion if requested or necessary, entertainment expenses and transportation costs; provided, however, that the Trustee is under no obligation to expend principal or income for such needs, but if the Trustee, in its discretion, decides to do so, in no case shall the Trustee pay or reimburse any amounts to the federal or state governments, or any subdivision thereof. This Trust is to be considered as a discretionary trust and not a basic support trust. The Trust Estate shall not be used to provide basic food, clothing or shelter, nor be available to SSS for conversion for such items unless all local, state and federal benefits for which SSS is eligible as a result of his disability have first been fully expended for such expenses.

C. Duty to Seek Support. Because SSS is disabled and unable to maintain and support himself/herself independently, the Trustee shall, in the exercise of best judgment and fiduciary duty, seek support and maintenance for SSS from all available public resources, including, but not limited to, Social Security Administration benefits, Veterans Administration benefits, Supplemental Security Income (SSI), U.S. Civil Service Commission benefits, state medical benefits, Medicaid and federal Social Security Disability Insurance (SSDI); and in that regard, the Trustee shall collect, expend and account for separately all such governmental assistance benefits, but not commingle them with these trust funds. In addition, in making distributions to SSS for his special needs, as herein defined, the Trustee shall take into consideration the applicable resource limitations of the public assistance programs for which SSS is eligible.

D. Undistributed Income. Any net income not distributed by the Trustee shall be accumulated and added to principal.

E. Non-Productive Property. The Trustee may invest in and hold property which is used as the principal residence, furniture, automobile, and other items meeting the "special needs" of SSS despite the fact that such property is nonproductive of income. Other non-productive property may also be held by the Trustee; provided, however, SSS shall have the power to require the Trustee to convert such other non-productive into productive property. This power shall be exercised by SSS in a written instrument delivered to the Trustee.

F. Restriction on Corpus. It is further our intention that no part of the corpus of the trust created herein shall be used to supplant or replace public assistance benefits of any state or federal agency which has a legal responsibility to serve persons with disabilities which are the same or similar to the impairments of SSS.

G. Provisions on Termination. In the event that it is determined, by either a court or an authority of competent jurisdiction, that this trust renders SSS ineligible to receive any governmental assistance benefits to which SSS would otherwise be entitled, or if the Trustee, in its discretion, determines that, notwithstanding any other provisions set forth herein, this trust may be subject to garnishment, attachment, execution or bankruptcy proceedings by a creditor of SSS or by the federal or state government, or any agency or subdivision thereof, then the Trustee shall terminate this trust and distribute the remaining principal and accrued income, in equal shares, to our then living descendants (other than SSS), per stirpes. In that regard, We request, but do not direct, that such recipients conserve, manage and distribute the proceeds of the former trust estate for the benefit of SSS in accordance with the provisions set forth in this trust for his benefit. In determining whether the existence of this trust for the benefit of SSS has the effect of rendering SSS ineligible to receive any governmental assistance benefits to which SSS would otherwise be entitled, the Trustee is hereby granted full and complete discretion to initiate administrative and/or judicial proceedings for the purpose of determining eligibility, and all costs related thereto, including reasonable attorney’s fees, shall be a proper charge to the trust estate.

H. Payment of Death Expenses. Upon the death of SSS the Trustee, in the Trustee’s discretion, may pay all or a portion of any one or more of the expenses of SSS’s last illness, funeral, burial, administration, probate and taxes, if the Trustee shall determine that it is impossible or impracticable for SSS’s estate to do so and that no other provisions for such payment thereof have been made.

I. Final Distribution. Upon the death of SSS, the undistributed balance of his trust shall thereupon be distributed, subject to Article V, in equal shares among our then living descendants, per stirpes.

J. Support. Distributions for support may include distributions for the necessities of food, clothing, transportation, shelter and similar needs, as well as distributions for a beneficiary's maintenance in reasonable comfort and support in his or her accustomed manner of living.

K. Medical Care. Distributions for medical care may include distributions for the payment of medical insurance, medical and dental fees, equipment and drugs, hospital and nursing home care (regardless of length of time), services of private nurses and companions, and psychiatric care and counseling, and may include medical care for such beneficiary's last illness.

L. Education. Distributions for education may include distributions for attendance at or enrollment in preparatory, religious, undergraduate, graduate, professional and vocational schools, public or private, and wherever located, and may include tuition, room, board, books, transportation and other living and incidental expenses.

M. Best Interests. Distributions for the best interests of a beneficiary may include distributions to enable a beneficiary to purchase an automobile, make a down payment on the purchase of a home, or furnish a home consistent with a comfortable standard of living, to travel, to invest a reasonable amount in business enterprises in which the beneficiary would be an active participant, or to make gifts to such beneficiary’s descendants or for charitable purposes. Distributions for the best interests of a minor beneficiary also may include distributions to enable him or her to attend summer camp, or to participate in recreational activities such as music, dance or gymnastic lessons or athletic leagues.

N. Consideration of Beneficiary’s Resources and Tax Consequences. In considering distributions to or for the benefit of any beneficiary the Trustee may, but need not, consider the income and resources of such beneficiary from all sources known to the Trustee, the obligations of such beneficiary to support others, and the obligations of others to support such beneficiary. The Trustee shall be entitled to rely on a statement of the beneficiary’s assets signed and certified to be correct by the beneficiary or his or her parent or guardian. The Trustee also can consider the tax consequences resulting from any decision to accumulate or to distribute income or principal.