Common use of Discretionary Authority of Trustee Clause in Contracts

Discretionary Authority of Trustee. Notwithstanding the above provisions, the Trustee may make distributions to meet the Designated Beneficiary’s need for food, clothing, shelter, health care, or other personal needs, even if those distributions will impair or diminish the Designated Beneficiary’s receipt of, or eligibility for, government benefits or assistance, only if the Trustee determines that the distributions will better meet the Designated Beneficiary’s needs, and it is in the Designated Beneficiary’s best interests, notwithstanding the consequent effect on the Designated Beneficiary’s eligibility for, or receipt of, government benefits. However, if the mere existence of this authority to make distributions from a particular Trust Account will result in a reduction or loss of the Designated Beneficiary’s entitlement to government benefit programs, regardless of whether the Trustee actually exercises this discretion, this paragraph shall be null and void with respect to such Trust Account, and the Trustee’s authority to make these distributions shall terminate and the authority to make distributions shall be limited to purchasing supplemental goods and services in a manner that will not adversely effect the Designated Beneficiary’s government benefits.

Discretionary Authority of Trustee. Notwithstanding the above provisions, the Trustee may make distributions to meet the Designated Beneficiary’s 's need for food, clothing, shelter, health care, or other personal needs, even if those distributions will impair or diminish the Designated Beneficiary’s 's receipt of, or eligibility for, government benefits or assistance, only if the Trustee determines that the distributions will better meet the Designated Beneficiary’s 's needs, and it is in the Designated Beneficiary’s 's best interests, notwithstanding the consequent effect on the Designated Beneficiary’s 's eligibility for, or receipt of, government benefits. However, if the mere existence of this authority to make distributions from a particular Trust Account will result in a reduction or loss of the Designated Beneficiary’s 's entitlement to government benefit programs, regardless of whether the Trustee actually exercises this discretion, this paragraph shall be null and void with respect to such Trust Account, and the Trustee’s 's authority to make these distributions shall terminate and the authority to make distributions shall be limited to purchasing supplemental goods and services in a manner that will not adversely effect affect the Designated Beneficiary’s 's government benefits.

Discretionary Authority of Trustee. Notwithstanding the above provisions, the Trustee may make distributions to meet the Designated Beneficiary’s need for food, clothing, shelter, health care, or other personal needs, even if those distributions will impair or diminish the Designated Beneficiary’s receipt of, or eligibility for, government benefits or assistance, only if the Trustee determines that the distributions will better meet the Designated Beneficiary’s needs, and it is in the Designated Beneficiary’s best interests, notwithstanding the consequent effect on the Designated Beneficiary’s eligibility for, or receipt of, government benefits. However, if the mere existence of this authority to make distributions from a particular Trust Account will result in a reduction or loss of the Designated Beneficiary’s entitlement to government benefit programs, regardless of whether the Trustee actually exercises this discretion, this paragraph shall be null and void with respect to such Trust Account, and the Trustee’s authority to make these distributions shall terminate and the authority to make distributions shall be limited to purchasing supplemental goods and services in a manner that will not adversely effect affect the Designated Beneficiary’s government benefits.