Vol. 1, No. 2 June 2004

 

Facilitating Involvement of Family and Friends

with Special Needs Trusts

by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.

continued from page 1

Too often, in drafting and implementing SNTs, the emphasis is on directly supplementing the services available to the disabled beneficiary. While this is important, it can miss the mark. It is extremely important to use trust assets to ensure the involvement of family and friends. These non-traditional uses of SNTs will be the focal point of this article.

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. Some might protest that siblings should do this without being paid. But their time is important and we want to encourage - - not discourage - - involvement. The SNT will also reimburse Alice and Ralph for any child care expenses, as well as all other expenses incurred.

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.

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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