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Options to Consider When Drafting a Supplemental Needs Trust

ElderDocx® is a robust software system for elder law attorneys.  We offer several options while drafting so users aren't backed into a corner with provisions that don't fit their needs. The attorney can select the option that works for their specific client. We understand that sometimes these forks in the road can be a little confusing which is why we offer short video at that exact point in the interview that explains the concept in more detail. 

As an example, when you're creating a standalone third-party supplemental needs trust, you can choose how the assets can be distributed out of that trust.

ElderDocx provides two options:

  1. Supplemental Standard
  2. Supplemental and Discretionary Distribution Standard

With the supplemental standard, if you have a beneficiary who is not on benefits at the time, that supplemental standard still is really discretionary in terms of how much can be paid out of the trust. But once the beneficiary is on benefits, then the standard says it must only supplement benefits and not supplant impair or diminish those benefits.

With the supplemental and discretionary standard, you have all of those same options but we add one more layer to it that says however, the trustee can distribute enough assets that would supplant government benefits if it's in the best interest of the beneficiary.

ElderDocx is one of many supportive resources we offer elder law attorneys. We are constantly evolving the software with updates to provide more actionable content and improve the drafting experience. Download the full list of documents available in ElderDocx. New Call-to-action

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