Spokane County Superior Court

		
		
                                                     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, trustee's fee schedule, and the Guardian Ad
Litem report, shall be furnished to the Guardianship Monitoring Program, for guardianship matters fourteen days
in advance of the hearing.  If a case is assigned to a trial judge, all hearings will be set before the assigned
judge.  If a case is not assigned to a trial judge, hearings must be scheduled through the Guardianship
Monitoring Program.

Amended effective 04/13/2017

     (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 establishing 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.

Amended 04/13/17

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

Amended 04/13/17

     (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 shall not serve as a guardian of the estate or as the sole trustee.
If a parent is acting as a co-trustee, there must be court approval for any disbursements to the parent.

Amended 04/13/17

     (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.