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Important "Additional" Options
(Moving Closer to a Complete Plan)

Remember the three legged stool:

The right people and the right paper can preserve, enhance and leverage the money.

The right paper can preserve both. Putting in levels of accountability in the Special Needs Trust directives is essential to preserving the quality execution or administration of the plan.

  • Require an Annual Care Report - Include the requirement for a report to be drafted by a licensed social worker, therapist, or other professional outlining the Beneficiary’s condition and circumstances, with recommendations for improvements in trust distribution plans. Is the beneficiary happy? Is the distribution plan fulfilling the objectives of the grantor?
  • Use Trust Protectors - Incorporate a person or persons to monitor the performance of the Trustee and to hold the power to remove and replace him or her. The trust protector or advisor mitigates the broad discretionary powers of the trustee. This role can be narrowly defined or can be as broad as is reasonable. e.g. advisor on the distribution plan. One recommendation is a corporate trustee with a sibling or other family member as the trust protector or advisor.
  • Include Housing Plans/Options - Create opportunities for a wide range of housing options, for example, have the trust own a house in which the Beneficiary can live, or fund some special living arrangements for the Beneficiary.
  • Include Who should receive the remainder (what funds are left in the trust) after the individual with the disability dies. This remainder can be left to other family members or friends.  This is where you can also designate NAMI as a recipient. See Donate for more information on helping to ensure NAMI will be there for you loved ones in the future.

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The above information is provided to educate in a general way and is not intended to provide specific legal or professional advice.

Navigating The
SNEP Process

Introduction to Special Needs Planning