5.3 I can release this right at any time or times, in whole or in part, by a written instrument signed by me and delivered to the Trustee. Each such release will be irrevocable, permanent, and binding upon me. I understand that by releasing this right in whole or in part, I may be changing the classification of the trust from a for federal income tax purposes to a non-grantor “grantor trust” trust in whole or in part. 5.4 My right to acquire or reacquire assets under this clause can be exercised by a person named by me in a durable power of attorney or by a court appointed guardian. 5.5 A decision whether to release this right in whole or in part shall be made based on my personal best interests, and neither the Trustee nor any beneficiary will have any right to question or challenge any such decision, whether made by me or by a person named by me in a durable power of attorney or by a court appointed guardian. l. The trust provisions give a great deal Directions Regarding Distributions. of flexibility to an Independent Trustee, including wide discretion to make distributions for the of beneficiaries. The trust instrument “best interests” later provides guidance to the trustee regarding the intentions settlor’s regarding factors that the trustee should consider in exercising that broad power. Rules Governing Distributions 24.1 If the Trustee knows that a beneficiary has other available income and resources, it should take them into account when deciding how much to distribute to or for the benefit of the beneficiary. The Trustee does not have to get financial statements or tax returns from the beneficiary. The Trustee can make payments directly to a beneficiary or to other persons for his or her benefit (including contributing all or any of the trust assets to other trusts created by the Trustee or by other persons for the benefit of the beneficiary), but it does not have to make payments to a court appointed guardian. The decision on amounts Trustee’s to be spent will be final. 24.2 If a beneficiary is a minor or under other legal disability, the Trustee should consult with the guardian to establish beneficiary’s
5.3 I can release this right at any time or times, in whole or in part, by a written instrument signed by me and delivered to the Trustee. Each such release will be irrevocable, permanent, and binding upon me. I understand that by releasing this right in whole or in part, I may be changing the classification of the trust from a “grantor trust” for federal income tax purposes to a non-grantor trust in whole or in part. 5.4 My right to acquire or reacquire assets under this clause can be exercised by a person named by me in a durable power of attorney or by a court appointed guardian. 5.5 A decision whether to release this right in whole or in part shall be made based on my personal best interests, and neither the Trustee nor any beneficiary will have any right to question or challenge any such decision, whether made by me or by a person named by me in a durable power of attorney or by a court appointed guardian. l. Directions Regarding Distributions. The trust provisions give a great deal of flexibility to an Independent Trustee, including wide discretion to make distributions for the “best interests” of beneficiaries. The trust instrument later provides guidance to the trustee regarding the settlor’s intentions regarding factors that the trustee should consider in exercising that broad power. Rules Governing Distributions 24.1 If the Trustee knows that a beneficiary has other available income and resources, it should take them into account when deciding how much to distribute to or for the benefit of the beneficiary. The Trustee does not have to get financial statements or tax returns from the beneficiary. The Trustee can make payments directly to a beneficiary or to other persons for his or her benefit (including contributing all or any of the trust assets to other trusts created by the Trustee or by other persons for the benefit of the beneficiary), but it does not have to make payments to a court appointed guardian. The Trustee’s decision on amounts to be spent will be final. 24.2 If a beneficiary is a minor or under other legal disability, the Trustee should consult with the beneficiary’s guardian to establish