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73—CV-1 8—64 35
STATE OF MINNESOTA SEVENTH JUDICIAL DISTRICT
COUNTY OF STEARNS File d in
State
Dated
0M
D.Ist n.ct Court
’ ’
DISTRICT COURT
CASE TYPE. TRUST
Court File
.
No. 73-CV-18-6435
In re Christopher Lamar Faulkner, Jr. ORDER ESTABLISHING
Irrevocable Special Needs Trust SPECIAL NEEDS TRUST
This matter came before the Court on the Petition of Christopher Lamar Faulkner, Sr.
seeking the establishment ofa Needs Trust on September 10, 2018. Christopher Lamar
Special
Faulkner, Sr. appeared personally with his attorney David A. Rephan, who appeared by telephone.
Christopher Lamar Faulkner, Jr. also appeared, as well as Monica Faulkner, the wife of
Christopher Lamar Faulkner, Sr. Based upon the information provided, this Court now makes thc
following findings:
1. That Christopher Lamar Faulkner, Sr. requested the establishment ofa Special Needs Trust
under 42 United States Code, section 1396p(d)(4), Minnesota Statutes, section 501C.1 205,
subdivision 3 (medical assistance) and 42 United States Code, section
l382b(e)(5)(supplementai security income).
2. That the Petition was brought under the authority ofMinnesota Statutes, section 524.5-412
which states that “[ijf a basis is established for a protective order with respect to an
individual, the court, without appointing a conservator, may . . .
(1) authorize, direct, 0r
ratify any transaction necessary or desirable to achieve any arrangement for the security,
services, 0r care meeting the foreseeable needs ofthe protected person, including: ...(iv)
[the] addition to or establishment ofa suitable trust” and this Court finds that there is a
basis for a protective order to establish the Christopher Lamar Faulkner, Jr. Irrevocable
Special Needs Trust.
3. That no alternative form 0f surrogate decision-making currently exists because under 42
U.S.C. § l396p(d)(4)(/\) the Petitioner docs not have the capacity to establish a Special
Needs Trust for himself.
4. That this Court has considered the factors listed in section 524.5-4ll(e), including
subparagraph (3) concerning eligibility for governmental assistance with the goal of
avoiding reliance on such programs and also considered the provision of section 524.5-
417(c)(]) which directs a conservator to meet the protected person’s needs “through
governmental benefits or services to which the protected person is entitled, rather than from
the protected person’s estate.”
5. "l‘hat this Court is also influenced by Minnesota Statutes, section 5|0C.l205, subdivision
3 that the courts ofthis state may authorize creation and funding ofa trust which qualifies
as a Special Needs Trust under federal law.
73-CV-1 8-6435
That the Petitioner is currently medically eligible for Medical Assistance and Supplemental
Security Income (SSI) but the receipt ofpersonal injury settlement funds makes him over
asset for these programs.
That the Petitioner will soon receive personal injury settlement funds in the amount 0f
$440,000. These funds will quickly be exhausted to pay for Petitioner’s medical needs,
including medical care and medications for a previously diagnosed illness. The
establishment ofa Special Needs Trust will allow for the retention of these funds during
his lifetime t0 provide supplemental resources as envisioned by Congress in 42 United
States Code, section l396p(d)(4) without jeopardizing his eligibility for Medical
Assistance and Supplemental Security Income benefits.
That the Petitioner qualifies as a person for whom a Special Needs Trust may be created in
that he meets the definition of a “disabled person” according to 42 United States Code
1396p(d)(4) through his receipt 0f Supplemental Security Income (SSI) benefits and he is
under age 65, his date ofbirth being January 30, 1993.
That the Petitioner has agreed t0 act as the Trustee 0f the Trust.
10. That the proposed drafi of Christopher Lamar Faulkner, Jr. lrrevocable Special Needs Trust
as reviewed by this Court qualifies as a Special Needs Trust under 42 U.S.C. § 1396p(d)(4).
Now, therefore, it is hereby:
Ordered
That the Christopher Lamar Faulkner, Jr. Irrevocable Special Needs is hereby
established.
That a copy ofthis Order shall be attached t0 and made a part ofall copies ofthe Trust.
That Christopher Lamar Faulkner, Sr., is hereby appointed and confirmed as the
Trustee for the Christopher Lamar Faulkner, Jr. Irrevocable Special Needs Trust.
That the law firm of SiebenCarey, who represents the protected person in the personal
injury action, shall pay all funds that are or will be in their possession for the benefit 0f
Christopher Lamar Faulkner, Jr., following the payment of all expenses and
subrogation liens, directly t0 the Trustee 0f the Christopher Lamar Faulkner, Jr.
Irrevocable Special Needs Trust.
Date: E&LW ig'zoli gm
Judge 0fthe District Court
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73—CV-1 8—64 35 STATE OF MINNESOTA SEVENTH JUDICIAL DISTRICT COUNTY OF STEARNS File d in State Dated 0M D.Ist n.ct Court ’ ’ DISTRICT COURT CASE TYPE. TRUST Court File . No. 73-CV-18-6435 In re Christopher Lamar Faulkner, Jr. ORDER ESTABLISHING Irrevocable Special Needs Trust SPECIAL NEEDS TRUST This matter came before the Court on the Petition of Christopher Lamar Faulkner, Sr. seeking the establishment ofa Needs Trust on September 10, 2018. Christopher Lamar Special Faulkner, Sr. appeared personally with his attorney David A. Rephan, who appeared by telephone. Christopher Lamar Faulkner, Jr. also appeared, as well as Monica Faulkner, the wife of Christopher Lamar Faulkner, Sr. Based upon the information provided, this Court now makes thc following findings: 1. That Christopher Lamar Faulkner, Sr. requested the establishment ofa Special Needs Trust under 42 United States Code, section 1396p(d)(4), Minnesota Statutes, section 501C.1 205, subdivision 3 (medical assistance) and 42 United States Code, section l382b(e)(5)(supplementai security income). 2. That the Petition was brought under the authority ofMinnesota Statutes, section 524.5-412 which states that “[ijf a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may . . . (1) authorize, direct, 0r ratify any transaction necessary or desirable to achieve any arrangement for the security, services, 0r care meeting the foreseeable needs ofthe protected person, including: ...(iv) [the] addition to or establishment ofa suitable trust” and this Court finds that there is a basis for a protective order to establish the Christopher Lamar Faulkner, Jr. Irrevocable Special Needs Trust. 3. That no alternative form 0f surrogate decision-making currently exists because under 42 U.S.C. § l396p(d)(4)(/\) the Petitioner docs not have the capacity to establish a Special Needs Trust for himself. 4. That this Court has considered the factors listed in section 524.5-4ll(e), including subparagraph (3) concerning eligibility for governmental assistance with the goal of avoiding reliance on such programs and also considered the provision of section 524.5- 417(c)(]) which directs a conservator to meet the protected person’s needs “through governmental benefits or services to which the protected person is entitled, rather than from the protected person’s estate.” 5. "l‘hat this Court is also influenced by Minnesota Statutes, section 5|0C.l205, subdivision 3 that the courts ofthis state may authorize creation and funding ofa trust which qualifies as a Special Needs Trust under federal law. 73-CV-1 8-6435 That the Petitioner is currently medically eligible for Medical Assistance and Supplemental Security Income (SSI) but the receipt ofpersonal injury settlement funds makes him over asset for these programs. That the Petitioner will soon receive personal injury settlement funds in the amount 0f $440,000. These funds will quickly be exhausted to pay for Petitioner’s medical needs, including medical care and medications for a previously diagnosed illness. The establishment ofa Special Needs Trust will allow for the retention of these funds during his lifetime t0 provide supplemental resources as envisioned by Congress in 42 United States Code, section l396p(d)(4) without jeopardizing his eligibility for Medical Assistance and Supplemental Security Income benefits. That the Petitioner qualifies as a person for whom a Special Needs Trust may be created in that he meets the definition of a “disabled person” according to 42 United States Code 1396p(d)(4) through his receipt 0f Supplemental Security Income (SSI) benefits and he is under age 65, his date ofbirth being January 30, 1993. That the Petitioner has agreed t0 act as the Trustee 0f the Trust. 10. That the proposed drafi of Christopher Lamar Faulkner, Jr. lrrevocable Special Needs Trust as reviewed by this Court qualifies as a Special Needs Trust under 42 U.S.C. § 1396p(d)(4). Now, therefore, it is hereby: Ordered That the Christopher Lamar Faulkner, Jr. Irrevocable Special Needs is hereby established. That a copy ofthis Order shall be attached t0 and made a part ofall copies ofthe Trust. That Christopher Lamar Faulkner, Sr., is hereby appointed and confirmed as the Trustee for the Christopher Lamar Faulkner, Jr. Irrevocable Special Needs Trust. That the law firm of SiebenCarey, who represents the protected person in the personal injury action, shall pay all funds that are or will be in their possession for the benefit 0f Christopher Lamar Faulkner, Jr., following the payment of all expenses and subrogation liens, directly t0 the Trustee 0f the Christopher Lamar Faulkner, Jr. Irrevocable Special Needs Trust. Date: E&LW ig'zoli gm Judge 0fthe District Court