Trusteeship

Trusteeship

A trust is a legal document created during a person’s lifetime and survives the person’s death. A trust can also by a will and formed after death. The Trust creates the arrangement and sets out the duties and discretion of the Trustee:

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The Trustor is the term used for the person creating and funding the trust

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The Trustee is the person or firm named to have control of the assets placed in trust.

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The Beneficiary is the person on whose behalf the trust is created and who is intended to benefit from the assets placed in trust. The Trustor and the Beneficiary may be the same person.

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The Trust Principal is a general term for assets placed in trust.

 

While there are many different types of trusts, the basic types are revocable and irrevocable:

  • Revocable Trusts (RLT)
  • Irrevocable Trust
  • Special Needs Trust (SNT)
  • Asset Protection Trust. …
  • Charitable Trust. …
  • Constructive Trust. …
  • Spendthrift Trust
  • Tax By-Pass Trust.
  • Testamentary Trust
  • Settlement Trust

As directed by your trust, we administer and safeguard the assets held in the trust. We report to the beneficiaries, file tax returns and make distributions per the instructions in the trust. We prepare court accountings and take responsibility for the investable assets. We take responsibility for all the trust assets, including investable assets and real property.

For additional information on the types of guardianship click here.

Guardianship

The three types of guardianship are:

  • Full guardianship: comprehensive decision-making authority and responsibility over personal and/or legal and financial affairs
  • Limited guardianship: decision-making authority and responsibility over selected needs such as healthcare or property
  • Joint guardianship: more than one individual sharing guardianship authority and responsibility.

A Temporary Guardianship is appointed for a limited time period as described in the Court Order or until the circumstance that required the appointment is cured

Court-appointed guardians are obliged to make decisions based upon what are known to be the client’s competent preferences or else upon the best interests of the client. A guardian of the estate may be given authority to assume control of bank accounts, real property, personal property and other assets. The guardian of the estate typically assumes responsibility for payment of routine bills and managing claims against the client’s assets.

A guardian of the person often has responsibility for ensuring that the client’s medical and personal care needs are met. This can entail a wide variety of assistance depending on the physical condition, cognitive status, and living situation of the client. Guardians cannot require the client to accept medical care and are very limited in their ability to direct or otherwise control the client’s personal behavior.

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