Vol. 2, No. 2 March 2005

 

Facilitating Involvement of Family and Friends
with Special Needs Trusts

by
S. Paul Prior, Esq.

continued from page 1

Consider this example: John, age 30, lives in a group home in Pennsylvania where he is well established and has many friends. His parents are deceased. His sister, Alice, lives in Texas and his brother, Ralph, lives in California.

To encourage Ralph and Alice to visit John as frequently as possible, the SNT should pay for all of their travel expenses. We do not want their spouses grumbling about such expenditures or a sibling to have to choose between visiting John or saving money for their own children's college education.

For similar reasons, a fee should be available to compensate Alice and Ralph for their time. While some might protest that siblings should do this without being paid, their time is important and we want to encourage - - not discourage - - involvement. The SNT can also reimburse Alice and Ralph for any child care expenses, as well as all other expenses incurred as a result of visiting John.

Even if Alice and Ralph live next door to John, there will be a similar expense for child care, for their time and for any other pocket expenses incurred.

What if John has no siblings or friends, or they cannot visit frequently? In many states there are organizations (some are referred to as “PLAN,” which stands for Planned Lifetime Assistance Network), which, for a fee, will visit and monitor a person's placement and provide a report, either to family who cannot visit regularly, or to the trustee of the SNT. Small problems can be resolved by the monitoring organization, larger problems might require the intervention of the family, guardian, trustee and even legal assistance. The organization can monitor everything from the appropriateness of day and residential services, to the frequency of attendance of religious and recreational activities.

It is important that the SNT contain language making it clear that expenditures for such purposes are permitted. Trustees should not have to guess as to whether such expenditures are appropriate, or worse, trustees should not feel compelled to deny such expenditures

 

©2005 Copyright

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With offices in New Jersey and Pennsylvania, the Attorneys of Hinkle & Fingles, Attorneys at Law have many years of experience providing expert counsel and legal services to families of people with disabilities and seniors. The firm's attorneys have argued many of the precedent setting cases affecting people with disabilities in New Jersey and Pennsylvania.

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