The Achieving Independence Trust 4 Step Process

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Presentation transcript:

The Achieving Independence Trust 4 Step Process Clearly express your intent in your trust and related documents Step 2 Choose a management system and team to carry out your intent 2

THE IDEAL TRUSTEE Will use discretion in the best interest of the disabled beneficiary Must understand public benefits and keep up with changes in the law Can wisely invest and conform to all statutory fiduciary requirements Understands taxes Keeps perfect books Provides advocacy and prevents abuse Is immortal 3

Advocacy Accountability Financial Will use discretion in the best interest of the disabled beneficiary Must understand public benefits Provides advocacy and prevents abuse Accountability Keeps perfect book Carries insurance, is bondable or has deep pockets Is immortal Financial Can wisely invest and conform to all statutory fiduciary requirements Understands taxes 4

Model 1 – the Trustee directed by a Trust Advisory Committee. The Trustee manages funds, makes distributions, does taxes, keeps records The Trustee directed by a Trust Advisory Committee which directs distributions, can amend the trust or replace the Trustee Can include care manager Trustee Advisory Committee 5

Model 2 – the Trustee directed by a Care Manager. The Trustee manages the funds The Trustee can be directed by a Care Manager. The Care Manager interacts with the beneficiary The Trust Protector oversees the Trustee and Care Manager from a distance and can replace either for any reason Care Manager Trustee Trust Protector 6

Model 3 – Co-Trustees For smaller trusts, or trusts where the beneficiary can advocate for herself, Co-trustees with the power to seek assistance from benefit, tax and financial advisors may be adequate. Co Trustees 7

Which Model Should you Choose? The choice of which model is right for your situation will depend upon The beneficiary’s disability and unique needs The amount of funds in the trust The need for advocacy and care managers The proximity of the Trustees or advisory committee members 8

SELECTION OF MANAGEMENT TEAM MEMEBERS Family or friends, Professional fiduciary, Trust Company, C.P.A., Private Socialworker or Case Manager, Or a combination of the above. 9

Trust Protector A Trust Protector oversees how the trust is managed, without day to day involvement The Trust Protector reviews accountings and assessments from the care manager The Trust Protector may hire and fire the trustee or care manager without cause A Trust Protector can be a professional, family or friends. 10

The Achieving Independence Trust 4 Step Process Clearly express your intent in your trust and related documents Step 2 Choose a management system and team to carry out your intent Step 3 Develop a funding plan to fulfill your intent 12

Funding Your Child’s Special Needs Trust Consider a Trust as a vehicle, the Trustee as the driver, and funding is the fuel to help the Special Needs Trust reach its goal. 13

Other Funding Options Life insurance Real Estate Cash or investments 529 Plans Retirement plans including 401Ks and IRAs. (requires the assistance of an attorney and financial planner or CPA) 14