LSPR 98.18
                    COURT-CREATED TRUSTS


     (a) Special Needs Trusts and Trusts governed by SPR
98.16W shall be approved in accord with the following requirements:

          (1) A copy of the proposed trust document, note
for hearing and trustee’s fee schedule shall be furnished to
the Court Administrator’s designee for guardianship matters
one week in advance of the hearing.  The matter may be set
in the Ex Parte Department, unless previously assigned to
another department.

          (2) An independent Guardian Ad Litem, specifically
qualified in the area of court-created trusts, must be
appointed to evaluate the proposed trust unless:

               (a) The Court has ordered that the trust be
               drafted by independent trust counsel or

               (b) The basis for eligibility for a special
               needs trust is a physical disability only and
               the adult beneficiary is competent.  However,
               the Court may, in its discretion, appoint a
               Guardian Ad Litem for an otherwise competent
               beneficiary if it determines that he or she
               may not fully appreciate all the issues
               involved in creating the trust.

          (3) The proponent of a trust must identify any
other roles expected for trustees or members of a trust
advisory committee in the life of the beneficiary.  This
would include caregivers, professional advisors, family or
others who might receive direct or indirect economic benefit
from trust expenditures.

          (4) The order approving the trust may only be
entered in a file with a probate/guardianship type “4” case
assignment number to facilitate tracking.  The order must
have space designated on the face page to highlight due
dates for accountings and other required filings.  The trust
document must be filed in the Superior Court file.

          (5) The trustee is required to furnish annual
accountings to the Court for approval on notice to any
interested parties.

          (6) The trust may not provide for removal to
another venue or jurisdiction without order of this Court.

          (7) A parent of a minor beneficiary is not the
sole trustee or, if co-trustee, is not able to authorize a
trust disbursement without Court approval.

          (8) The appointment of any successor trustee is
subject to approval of the Court.

          (9) A trustee, other than a bank or trust company,
is required to post a bond in the full amount of trust funds
not placed in blocked accounts.

          (10) Amendment of the trust shall only be by order
of this Court.

          (11) The trustee must file an inventory with the
Court within 30 days of the funding of the trust.  An
amended inventory must be filed within 30 days if additional
funding, in excess of $3,000, takes place after the filing
of the initial inventory.

          (12) The trustee must file with the Court an
outline of the beneficiary’s projected needs and significant
trust expenditures within 30 days of their appointment and
annually at the time of each accounting to the Court.