The Personal Injury Trust Deed is utilized when an individual receives compensation from a personal injury settlement or award and needs to protect these funds while maintaining eligibility for public benefits. This document is particularly important in the United States where receipt of substantial compensation can affect eligibility for programs like Medicaid and SSI. The trust deed establishes the legal framework for managing the settlement funds, defines trustee powers and responsibilities, and sets distribution guidelines that comply with both federal and state regulations.
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1. Parties: Identifies the settlor, trustees, and beneficiaries of the trust
2. Background: Explains the circumstances leading to the trust creation, including details of the personal injury claim
3. Definitions: Key terms used throughout the trust deed
4. Trust Declaration: Formal establishment of the trust and initial trust property
5. Trustee Powers: Detailed powers granted to trustees in managing trust assets
6. Distribution Provisions: Rules governing how and when trust assets can be distributed
7. Trust Administration: Rules for managing the trust, including investment powers and record-keeping requirements
1. Successor Trustee Provisions: Procedures for appointing replacement trustees when long-term trust administration is anticipated
2. Special Needs Provisions: Specific provisions to maintain benefit eligibility when beneficiary receives means-tested benefits
3. Tax Planning Provisions: Specific provisions for tax efficiency for larger settlements with significant tax implications
1. Schedule A - Initial Trust Property: Details of the settlement amount and any other initial assets
2. Schedule B - Trustee Compensation: Details of any fees or compensation for trustees
3. Schedule C - Investment Guidelines: Specific investment parameters and restrictions
4. Appendix A - Benefit Preservation Guidelines: Guidelines for maintaining benefit eligibility
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