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HomeMy WebLinkAbout01-03-11~_ ~ DEC 2 $ 2010 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: Estate of Constance L. O'Neill, an adult individual, '~ _~.~ petitioner, by her Sister and ~ ~_ G lZSr-g ', - ~'~ Next Friend, Margaret L. Mathe No. °~~~ ~ '- ~. ~~ ~ ~~ ~ ~ -r7 r ~ CJ DECREE -+ I ~., AND NOW, in consideration of the within petition of Margaret Mathe, the Con~ta ~e L. O'Neill Special Needs Trust is hereby established this day of ~ P c , ~0 a by Order of the Orphans' Court of Cumberland County, Pennsylvania, pursuant to 42 USt~A §1396p(d)(4){A), as a Special Needs Trust for the sole benefit of Constance L. O"N ill (the "beneficiary"), an individual under 65 years of age who is disabled as defined b~ t ~ SSI criteria in 42 U.S.C.A. § 1382c(a)(3), upon the following terms and conditions: I I. This Trust shall be funded by the assets of the beneficiary listed in Schedule a, algng with such other assets of the beneficiary as may be added. No public assistance or ~dcial Security benefits paid to the beneficiary shall be added to the trust. II. This Trust shall be administered in compliance with the provisions of 61~ P~. C.S. § 1414 ("Special Needs Trusts") and 55 Pa. Code § 178.7{f)1. III. The Trustee of this Trust shall be the beneficiary's sister, Margaret M I t e of 1316 N. Harvard Ave., Arlington Heights, IL, 60004. In the event the Trustee should re~ig or be unable to act as Trustee, a successor shall be appointed the Orphans' Court of Cunhb r~land County, Pennsylvania. ', 1 (1) A trust containing the assets of an individual under 65 years of age who ~s disabled as defined by the SSI criteria in 42 U.S.C.A. § 1382c(a)(3), if the trust was establisF~e~ for the benefit of the individual by a parent, grandparent, legal guardian of the individual, nr a court and the trust contains a provision that the Commonwealth will receive the amdu t~ remaining in the trust upon the death of the individual, up to an amount equal to the total) o~f MA benefits paid on behalf of the individual ~, £.: 7 ~~ ~;-~ T: _..: ~_~ r-'~ r' -;:z f_" F~tl ~~ ~ ---__ ----_ __ _ ___ -~_ 1--- IV. During the beneficiary's lifetime, distributions of income and/or principal shall be made for the sole benefit of the beneficiary. This trust is intended to satisfy the ben{efiiciary's non- support needs. This trust is not intended to displace any source of income otfnerrwise available to the beneficiary for her basic support (such as food and shelter), including ahy',governmental assistance program to which she is or may be entitled. It is intended to be ~ discretionary spendthrift trust created to increase the beneficiary's quality of life. No part of the corpus of this trust shall be used to supplant or replace any public-assistance benefits for which the beneficiary is eligible. For the purposes of this provision, non-support purchases include, but are not jli iced to dental care; unreimbursable medical and dental expenses, including plastic an{~ $constructive surgery, diagnostic work and treatment, rehabilitative training and experimehtal medical services; psychiatric/psychological services; occupational therapy; prosthetic' d ~-ices; dietary needs and supplements; the differential in cost between shelter for a shared and private group home or room; custodial care or supplemental nursing care; recreation, culty~ral .experiences, outings and travel, including payment for others to accompany the beneficiary; ~ei,lephone and television, including cable television; reading and educational materials; exetci d equipment; unreimbursed therapy; and related insurance. V. Upon the death of the beneficiary, Trustee shall obtain a determinat~gn from the Department of Public Welfare of the Department's claim, if any, for Madi al Assistance payments which had been made on behalf of the beneficiary while the trust wra in existence. Trustee shall then pay over and distribute the then-remaining principal and $n accumulated and undistributed income to the Pennsylvania Department of Public Welfare i~o repay the amount of Medical Assistance paid on behalf of the beneficiary while the trustl,w ~ inexistence. If there is any amount to be distributed following the payment of the claim of nth Department, such remainder shall be distributed to the bene#iciary's heirs at law. VI. No income or principal shall be assignable by the beneficiary or available toj, ar~ybne having a claim against the beneficiary before actual payment to the beneficia,lry.l Under no circumstances can the beneficiary compel a distribution from the trust for any pur~p~ose VII. This trust shall be irrevocable. No part of this trust instrument shall be alt~red'~or amended without order of this Court.