Common use of Distribution Guidelines Clause in Contracts

Distribution Guidelines. (a) The Trustee may, at its discretion, disburse trust income or principal to purchase property or service for each Beneficiary, consistent with the purpose and objective of this Trust. Disbursements shall be made according to the interests and needs of each Beneficiary, taking into account the services and financial resources available to him or her from any sources. (b) The Beneficiary’s future needs may be considered by the Trust in connection with disbursements made. (c) In determining a Beneficiary’s eligibility for any public benefits, no part of the principal or undistributed income of the Beneficiary’s individual sub-account shall be considered available to the Beneficiary. In the event the Trust is requested to release principal or income of the Trust to or on behalf of a Beneficiary to pay for equipment, medication, or services which any government agency is authorized to provide, or in the event the Trust is requested to petition the court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request and is authorized, in the Trustee’s discretion, to take whatever administrative or judicial steps may be necessary to continue a Beneficiary’s eligibility for benefits including obtaining instructions from a court of competent jurisdiction ruling that the sub-account is not available to a Beneficiary for eligibility purposes. Any expenses of the Trustee in this regard, including reasonable attorney’s fees, shall be a proper charge to the individual sub-account. (d) The Trustee, in its sole discretion, may make any payment under the Trust (1) directly to a Beneficiary, (2) to any person deemed suitable by Trustee, (3) by direct payment of a Beneficiary’s expenses, or (4) in any form allowed by law. (e) The Beneficiary’s needs shall supersede the interests of all remainder beneficiaries recognized under the individual Beneficiary’s sub-account. (f) The Trustee may seek the advice and assistance of any guardians, care-takers, advocates or legal representatives of the Beneficiary, or others, including any federal, state, and local agencies that are established to assist people with disabilities. The Trustee may use available resources to assist in identifying programs that may be of legal, social, financial, developmental, or other assistance to Beneficiaries. The Trustee shall not, in any event, be liable to any Beneficiary for failure to identify all programs or resources that may be available to such Beneficiary because of his or disabilities. It is the responsibility of the Beneficiary to seek out, apply for appropriate assistance programs and to properly provide the necessary documentation and information required to qualify and remain qualified for any such government assistance program. (g) The Trustee may withhold an amount, not to exceed $1,500 from each individual sub-account, in an account owned by the Trust, in order to pay unanticipated expenses the Trustee may incur or require for or on behalf of a Trust Beneficiary. The expenses from this fund are to be paid at such time as determined in the sole discretion of the Trustee. After the death of the Beneficiary and payment of such expenses, the unspent balance is to be returned to the Beneficiary’s individual sub-account. (h) Notwithstanding any provision to the contrary, if a Beneficiary does not receive or no longer receives any government assistance, the Trustee, in the Trustee’s sole discretion, and upon the written statement of the Beneficiary concerning the Beneficiary’s government assistance status, may from time to time and for such duration, make distributions from a Beneficiary’s individual sub- account for the Beneficiary’s care, support, maintenance and education directly to the Beneficiary or for the Beneficiary’s benefit. Provided, however, if a Beneficiary again becomes eligible for government assistance, this section shall no longer apply as long as the Beneficiary is receiving government assistance. In the alternative, the Trustee, in the Trustee’s sole discretion, may terminate the Beneficiary’s sub-account in accordance with the provisions of this Declaration of Trust.