Glossary of Important Words to Know in Planning for the Future Security of Your Child with a Disability.

A

Accountings: Report of expenditures and receipts filed by guardian of the estate in probate court.

Administrator\ Administratrix: Person appointed by probate court to administer a decedent’s estate if an executor or personal representative is not properly appointed by will.

Adult Foster Care: A family-type living arrangement whereby a person with a disability lives with an unrelated foster caregiver.

Adult Service Agencies: Agencies formed and operated to provide services to adults with disabilities. Services may include employment support, independent living support or day programs.

Advocate: An advocate is a friend, family member, or institution that looks out for the interests of a person with a disability. Advocates lack the legal standing of guardians.

Age of Majority: At the age of majority a person is entitled by law to manage his or her own affairs. The age of majority in most states is 18.

Annual Exclusion Gift: A gift of property worth $11,000 or less, often intended to reduce the estate tax owing at the donor’s death.

Attestation Clause: A clause often found in wills and other legal documents wherein witnesses attest to the signature of the person preparing the document.

B

Beneficiary: In general, a beneficiary is a person or institution named to receive property. For example, the beneficiary named in a life insurance policy will receive the insurance proceeds at the death of the insured. The beneficiary of a trust receives income and/or principal from the trust. The beneficiary under a will receives property from the decedent’s estate.

Blind Work Expenses: SSI recipients with blindness are allowed to deduct the cost of blind work expenses both for purposes of determining eligibility for SSI and for computing the SSI benefit. A blind work expense is any reasonable expense that helps the beneficiary earn income.

C

Codicil: A codicil is a formally executed addition to or change in the terms of a will, not requiring the complete rewriting of the will.

Community Residential Settings: See Integrated Living.

Credit Shelter Trust: Trust created by married individuals for estate tax purposes. Typically used to allow married couple to fully utilize estate tax exclusion amount.

Crummey Powers: Powers included in certain trusts to permit contributions to the trust to qualify as an annual exclusion gift.

Custodian: Person responsible for making investment and expenditure decisions in respect of account created for minor under Uniform Transfer to Minor’s Act or Uniform Gift to Minor’s Act.

D

Decedent: A decedent is a person who has died. The term is used frequently in the course of estate settlement.

Deeming: Refers to the process of considering a parent’s resources and income available to a child for purposes of determining eligibility under the SSI program.

Disability: For government benefit purposes, a person is considered to have a disability if the person is unable to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Discretionary Support Trust: A trust that expressly grants the trustee the discretion to use trust property for the support of the beneficiary.

Discretionary Trust: A trust in which the trustee has the discretion to determine whether or not to make distributions to the beneficiary.

Donor/Donee: A donor is a person who gifts property to another. A donee is the person who receives the gift.

E

Earned Income Exclusion: For purposes of calculating SSI benefits, the earned income exclusion permits an SSI recipient to exclude the first $65 in earnings ($85 if the SSI recipient does not have any unearned income) plus one-half of any remaining earnings.

Employment Network: An organization that has agreed with Social Security to provide employment and vocational rehabilitation services under the ticket to work program.

Employment Support: Employment support is used in two ways. First, it is used to refer to supports, such as job coaches, provided to people with disabilities in the workplace. Second, it is used to refer to provisions of government benefit programs that are designed to encourage work.

Estate Planning: Estate planning is the process of arranging for the transfer of one’s property and the care for one’s children at death.

Estate Tax: Tax due on death of decedent.

Estate Tax Exclusion Amount: The amount that the federal government permits a decedent to leave to any person other than the decedent’s spouse free of estate tax. Under current law, the estate tax exclusion amount is: $1.5M for people dying in 2005, $2M for people dying in 2006-2008, $3.5M for people dying in 2009, and $1M for people dying in 2011 and thereafter. There is no estate tax for people dying in 2010.

Estate, Probate Estate, Taxable Estate: A person’s estate is all the money and all the real and personal property owned by that person or treated as owned by the person under the Internal Revenue Code. A decedent’s probate estate is that part of an estate that passes through the probate system. A decedent’s gross estate is the total property for estate-tax purposes, and his or her adjusted gross estate or taxable estate is the gross estate less certain deductions. The estate pays an estate tax based on the taxable estate. Thus, a decedent’s estate is itself a taxpayer, managed as such by an administrator or executor.

Executor/Executrix: An executor is a person or institution named in a will to carry out the terms of the will. Executrix is the female version of executor.

Extended Period of Eligibility: After the expiration of the trial work period, SSDI beneficiaries are entitled to a 36 month extended period of eligibility. During this extended period of eligibility, the beneficiary is entitled to full benefits during any month in which income falls below the substantial gainful activity level (for 2005, $830 a month).

F

Family-Type Living Arrangement: Arrangement whereby a person with a disability lives in the private home of friends or family.

Federal Benefit Rate: Maximum federal benefit provided under SSI program. Increased each January to account for inflation. Some states provide supplemental benefits.

Fiduciary: A fiduciary is a person or institution that takes the responsibility of acting on behalf of another person. In reference to wills, estates, and trusts, the following act in a fiduciary capacity for the maker of the will, for the estate, and for the beneficiaries: the attorney(s), executor(s), trustee(s), and guardian(s). All are bound by the standard of good faith and trust.

G

Generation Skipping Trust: Tax potentially applicable on transfers of property to grandchildren and more remote descendants.

Gift, Gift Tax: A gift is a voluntary transfer of money and/or property from one person to another who accepts it without giving something of equal value in return. If the gift is to an individual or an organization not qualifying as nonprofit, it may be subject to a gift tax. If such a tax is due, it is computed on the amount of money given or on the fair market value of the property given.

Grace Period: A three-month period during which SSDI benefits continue after Social Security decides that an SSDI beneficiary can work at the substantial gainful activity level.

Grantor: The grantor of a trust, also known as the settlor, is the person who creates a trust.

Group Home: A residential facility designed for several people with disabilities.

Guardian: A guardian is a person appointed by the court to control and manage another person’s affairs and/or property. Most typically, a guardian is appointed to manage the affairs of a minor or of an adult who is considered incapable of looking after his or her own affairs. A guardian is limited in power by the court making the appointment. The guardian must submit regular accountings to the court and must follow the direction of the court at all times. Guardians can also be appointed by will to look after the affairs of minor children.

Guardian Ad Litem: A guardian ad litem is a guardian appointed by the court for the purpose and duration of a lawsuit or similar action. Typically guardians ad litem are appointed for people determined by a court to need assistance in protecting their interests in the lawsuit.

Guardian-Limited: A guardian appointed to exercise care and custody of the ward and/or management of the ward’s estate in a restricted sense. This restriction takes the form of a determination by the court that the ward is unable to act only in specific areas.

Guardian-Natural: The parent who is lawfully in control of a minor child; natural guardianship ceases when the child attains the age of majority.

Guardian of the Estate: A person appointed by the court to handle the care, management, and investment of the estate (real and personal property) of another person, with the duty to protect and preserve such property.

Guardian of the Person: An individual appointed by the court to see that the person with a disability has proper care and protective supervision in keeping with personal needs.

Guardian-Plenary: A person appointed by the court to exercise total legal control and management of the person, estate, or both.

Guardian-Public: A public official empowered to accept court appointment as a legal guardian.

Guardian-Successor: A legal guardian appointed by a court when an already functioning guardian dies, is removed by the court, or resigns.

Guardian-Temporary: A legal guardian appointed by a court for a temporary period of time when the court is given notice that a person is in immediate need of guardianship, generally for an emergency situation. A temporary guardian may be of the person, of the estate, or both.

Guardian-Testamentary: A testamentary guardian is a person designated by the last will and testament of a natural guardian.

Guardianship Proceeding: Legal proceeding whereby need for guardianship is established in court.

H

Health Care Declaration: See Living Will.

Impairment Related Work Expense (IRWE): An expense incurred by a person with a disability to enable the person to work. IRWEs can be used under both the Social Security Disability Insurance Program (SSDI) and the Supplemental Security Income (SSI) program. Under SSDI, they are deducted for purposes of determining whether a person is able to engage in substantial gainful activity. Under SSI, they are deducted both for purposes of the substantial gainful activity test and for purposes of computing benefit levels.

Income Cap States: States that do not permit a person with excess income to qualify for Medicaid even if the person’s income is reduced below the state’s income cap after deducting medical expenses.

Income Limitation: Under the rules of the SSI program, a person who has a disability is denied benefits for any month in which the person’s income exceeds the allowable SSI limitation. The limitation is reset each year and is generally equal to the maximum federal benefit under the SSI program. Importantly, certain items of income, including significant amounts of earned income, are excluded.

Independent Living: A residential situation in which people with disabilities live by themselves with limited assistance from others.

Inherit: To inherit property is to receive it by will or by applicable state statutes (laws of descent or distribution) at the death of the owner of that property.

Individualized Education Plan (IEP): An individualized plan that covers education services to be offered to a child with a disability. IEPs are mandated by IDEA.

Individualized Family Service Plan (IFSP): A plan developed for children with disabilities covering from birth to age 3. The plan addresses required services and outcomes to be achieved. IFSPs are mandated by IDEA.

Individualized Transition Plan: Under IDEA, beginning when a child is age 16 (or younger, if appropriate), the child’s IEP must include a listing of transition services needed to help the child prepare for leaving school.

Individuals With Disabilities Act (IDEA): A federal law governing required education services for individuals with disabilities.

Individualized Written Rehabilitation Plan: A plan developed as part of a vocational education program that covers employment services to be offered to a person with a disability.

In-Kind Income: For SSI purposes, support provided to SSI recipient in form of food, clothing or shelter, and noncash items that can be used by SSI recipient to obtain food, clothing or shelter.

Institutional Care: Care provided in large institutions, typically provided to people with severe disabilities.

Intermediate Care Facilities (ICFs): Group residential facilities, often funded by Medicaid and other government benefit programs.

Integrated Employment: A type of employment whereby people who have disabilities work alongside those who do not.

Integrated Living: A type of living arrangement in which people who have disabilities live alongside those who do not. Inter Vivos: Made during one’s lifetime (literally, between living persons). An inter vivos trust becomes effective during the creator’s lifetime.

Intestate: To die intestate is to die without having a will. If a person dies intestate, the person’s property passes to the person’s heirs as required by the applicable state statute (the laws of descent and distribution), regardless of how the person who died may have intended the property to pass.

Involuntary Commitment: Legal process whereby person with a disability is committed to a treatment facility, typically on the grounds that the person is a danger to himself, herself or to others.

Irrevocable Insurance: Trust: Trust created for estate tax purposes. Typically used to avoid estate tax on proceeds of life insurance policies.

Irrevocable Trust: A trust that cannot be changed.

J

Job Coach: A person who assists people with disabilities in integrated employment situations.

Joint Tenancy With Right of Survivorship: Two or more persons owning property with each having the legal right of survivorship, which means that the ownership on the death of any joint tenant remains with the survivors. See Tenancy In Common.

L

Least-Restrictive Alternative: A policy based on the belief that persons should be free to live as they please and that when government must interfere with a person’s liberty, the services should be designed to maximize the developmental potential of the person and should be provided in the setting that is least restrictive of personal liberty.

Legacy, Legatee: A legacy (also known as a bequest) is a gift of personal property by will. The recipient of such a gift is the legatee.

Letter of Intent: A nonbinding document that passes vital information about a person with a disability to future caregivers.

Letters of Office: Document issued by probate court granting guardian power over ward. Also issued to executor to evidence authority to dispose of decedent’s estate.

Life Estate: A person with a life estate (or life interest) in property has a right to use the property during his or her own or another designated person’s lifetime.

Life Plan: A plan developed for a person with a disability that covers all the major areas of life: Residential, Education, Employment and Social/Recreational.

Life Tenant: A life tenant is the person who has the use of property during his or her lifetime.

Limited Payment Insurance: Limited payment insurance is a type of life insurance for which premiums are payable for a definite period of time, after which the policy is fully paid. Also known as vanishing premium insurance.

Listing of Impairments: List maintained by Social Security that describes impairments for each major body system that are considered severe enough to prevent a person from doing any gainful activity.

Living Trust: Trust created by beneficiary to avoid probate.

Living Will: A living will is a document prepared for health care providers expressing the creator’s desire not to be kept alive by artificial means. Also known as a Health Care Declaration.

Mandatory Support Trust: A trust that expressly requires the trustee to use trust property for the support of the beneficiary.

Marital Bypass Trust: See Credit Shelter Trust.

Marital Deduction: Mechanism by which transfers of property to spouse, whether during life or at death, is exempted from gift and estate tax. Each person has an unlimited marital deduction, which means that any amount of property can be transferred to a spouse without imposition of gift or estate tax.

Medicaid: A federally sponsored program administered by the states to pay medical expenses of certain low-income individuals, principally those who are blind, disabled, elderly, or in families with dependent children.

Medicaid Lien: Lien imposed by Medicaid on assets of Medicaid recipient that permits Medicaid to obtain reimbursement if Medicaid recipient receives or sells property.

Medicaid Transfer Lookback Period: Period Medicaid authorities will consider for purposes of determining whether a transfer of assets will affect eligibility under Medicaid program.

Medicare: A federal health insurance program run by the Social Security Administration. It is designed to pay the cost of health care for people over the age of 65 and for people with disabilities under the age of 65 who have been eligible to receive Social Security benefits for at least two years, or who need kidney dialysis treatments or a kidney transplant.

Medicare Set Aside: Portion of worker’s compensation benefit that must be spent on injury related medical expenses before Medicare becomes available.

Mental Capacity: Although the definition of mental capacity varies by state, a typical approach is to define mental capacity as the ability to make responsible decisions.

Mental Health Treatment Declaration: A legal document signed by a person with mental illness governing the type of treatment that such person desires if the person becomes incapable of making rational treatment decisions.

Miller Trust: A trust designed to permit qualification for Medicaid by an elderly person living in an income cap state where the person needs nursing home assistance but has income in excess of the state’s income cap. The trust must (i) be composed only of pension, Social Security, and other income to the individual (and accumulated income in the trust), (ii) provide that the State will receive all amounts remaining in the trust upon the death of the individual up to an amount equal to the total medical assistance paid on behalf of the individual under the State’s Medicaid plan; and (iii) be established for a beneficiary in an income cap state.

Minor: A person who has not reached the age of majority (18 years old in most states).

N

Nonprobate Estate: Property of a deceased person which passes to beneficiaries or persons sharing ownership in the property without being subject to the probate process.

Nursing Home: A home designed to provide medical or custodial care to its residents. Typically the residents are aged or ill.

O

One-Third Reduction Rule: Reduction in SSI benefits resulting when an SSI recipient lives in the home of another and receives free room and board.

P

Payback Trust: A trust funded with the beneficiary’s own assets that permits the beneficiary to qualify for needs-based government benefits such as Medicaid or SSI. The trust must (i) contain the assets of an individual under age 65 and who is disabled; (ii) be established for the benefit of such individual by a parent, grandparent, legal guardian or a court; and (iii) provide that the State will receive all amounts remaining in the trust upon the death of the individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State Medicaid plan.

Per Capita: Used in wills and trusts to refer to distributions without representation. For example, leaving property to your descendants, per capita, means that each of your descendants receives an equal share.

Performance Bond: Amount of money pledged by guardian to secure performance. Bond is forfeited if guardian does not properly perform obligations.

Personal Property: All property owned by a person or institution except real estate.

Personal Representative: Same as executor. Some states use the term personal representative instead.

Per Stirpes: Used in wills and trusts to refer to distributions with representation. For example, leaving property to your descendants, per stirpes, means that your property is divided equally among your children, with grandchildren dividing the shares of children who have died.

Petitioner: A person who asks the court (a) for action or relief, or (b) to exercise its authority in some way. In guardianship proceedings, the petitioner is generally the person asking that a guardian be appointed for a person with a disability.

Plan For Achieving Self-Support (PASS): A plan for achieving self-support allows an SSI beneficiary to set aside income and/or resources for a specified time for a work goal, such as for education, vocational training, or starting a business. Income and resources set aside under a PASS is not counted in calculating the SSI payment amount or in determining initial and continuing eligibility for SSI.

Pooled Income Payback Trust: A trust funded with the beneficiary’s own assets that permits the beneficiary to qualify for needs-based government benefits such as Medicaid or SSI. The trust must (i) be established and maintained by a nonprofit association; (ii) provide for separate accounts maintained for each beneficiary, with assets pooled for investing and management purposes; (iii) provide an account established solely for the benefit of a person with a disability, which account is established by the individual, a parent, grandparent, legal guardian, or a court; and (iv) provide that to the extent any amounts remaining in the beneficiary’s account upon the death of the beneficiary are not retained by the trust, the trust will pay to the State the amount remaining up to an amount equal to the total amount of medical assistance paid on behalf of the beneficiary under a State Medicaid plan.

Pour-Over Will: A will that directs that all, or a portion of, a testator’s estate flow into an already-existing or independently established trust.

Power of Attorney/Health Care: A power of attorney for health care is a legal document used to appoint someone to make health care decisions for a person who is not able to do so.

Power of Attorney/Property: A power of attorney for property is a legal document used to appoint someone to make property decisions for a person who is not able to do so.

Preschool Grants Program: Program provided under IDEA for children with disabilities from ages 3 to 5.

Principal: In a trust, the principal amount is all the capital, the property that produces income.

Private Guardianship Agencies: Private agencies that act as guardian for people with disabilities.

Probate, Probate Court: The court process of probate specifically involves the validation of a will as the genuine and legally acceptable last directions of the maker of the will (the testator) and the carrying out of those directions. Most commonly, a state will have a special court that handles estates and probate proceedings. This court is called probate court in most states.

Program Operations Manual (POMs): Administrative rules applied by Social Security.

Prudent Person Rule: Trustees (as fiduciaries) must manage trust property in accordance with the prudent person rule. This requires the trustee to handle the trust property with the same care that a prudent, honest, intelligent, and diligent person would use to handle the property under the same circumstances. If a trustee is accused of mismanaging the assets, the court will often judge the trustee’s conduct by applying the prudent person rule.

Q

QTIP: Stands for Qualified Terminal Interest Property. Property left in a QTIP trust for a person’s spouse is considered the spouse’s for estate-tax purposes, and therefore qualifies for the marital deduction, even though the spouse’s ability to use property can be restricted.

Real Property: Real property (also known as real estate or realty) is land and the buildings or other fixed improvements on that land.

Remainderman: The remainderman of a trust receives the remaining principal of the trust when the income beneficiary or life tenant dies.

Representative Payee: A person or organization that is authorized to cash and manage public assistance checks (Social Security, Supplemental Security Income) for a person deemed incapable of doing so.

Residue, Residual (or Residuary) Clause, Residual Estate: The residue is what remains, what is left over. A residual estate is what remains of an estate after all claims and taxes have been paid and all specific distributions have been made. A residual (residuary) clause in a will arranges for the distribution of this residual property of the estate.

Resource Limitation: A limitation on available resources that must be satisfied if a person is to qualify for benefits under the SSI program.

Resources: Cash, liquid assets such as stocks and bonds, and any other items of property that an individual can convert to cash to use for food, clothing, or shelter.

Revocable Trust: A revocable trust is a trust that can be revised or revoked at any time during the grantor’s life.

Sheltered Workshop: A separate employment entity, all of whose workers have some type of disability. The workshop contracts with private businesses to perform certain tasks for the business at negotiated rates.

Social Security Disability Insurance (SSDI): A cash benefit program for people with disabilities. People with disabilities can qualify for SSDI in either of two ways. First, SSDI is generally available for workers who become disabled prior to attaining age 65, assuming the worker’s work history satisfies Social Security’s requirements. Second, SSDI is also available to children (even adult children) of retired, disabled or deceased social security participants if the child has a disability that developed before the child reached 22 years of age.

More Information About Special Needs Trusts.

Special Needs Trust: A trust created for a beneficiary with a disability that is designed to provide for the needs of the beneficiary while permitting the beneficiary to qualify for needs-based government benefits such as SSI and Medicaid. Also referred to as a Supplemental Needs Trust.

Spend Down States: States that permit a person with excess income to qualify for Medicaid if the person’s income is reduced below the state’s eligibility threshold after deducting medical expenses.

Spendthrift Clause: A spendthrift clause in a trust agreement provides that the named beneficiary has a right to trust distributions only and thus cannot voluntarily dispose of the assets of the trust or the income before it is earned and paid. As a result the trust principal and unpaid income are protected from creditors of the beneficiary.

Sprinkling, Sprinkle and Spray Trust: A provision for “sprinkling” in a trust agreement allows the trustee to use personal judgment in distributing income from the trust fund. He or she controls the timing and the amount of the distributions and decides which beneficiaries will receive those distributions. A trust with such a provision is sometimes referred to as a “sprinkle and spray” trust.

Spousal Income Allowance: Special rule for married couples that permits the stay at home spouse to retain a larger share of the couple’s income when one of the spouses enters a nursing home.

Spousal Resource Allowance: Special rule for married couples that permits the stay at home spouse to retain a larger share of the couple’s joint assets when one of the spouses enters a nursing home.

Student Earned Income Exclusion: For purposes of calculating SSI benefits, the student earned income exclusion permits unmarried students under age 22 who are regularly attending school to exclude a specified amount of earned income per month, subject to an annual limitation. For 2005, students were permitted to exclude up to $1,410 of earned income per month, subject to a maximum yearly exclusion of $5,670. These amounts are adjusted each year based on the cost-of-living.

Subsidy and Special Work Conditions: The value of additional support a person receives in order to work. The value of such support can be subtracted from wages for purposes of determining eligibility under both the Social Security Disability Insurance Program (SSDI) and the Supplemental Security Income (SSI) program. Subsidy and Special Work Conditions cannot be deducted for purposes of computing benefit levels under SSI.

Substantial Gainful Activity: For government benefit purposes, a person is considered to have a disability if the person is unable to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. Although substantial gainful activity is determined based on a variety of factors, the cornerstone of the analysis is a determination as to whether or not a person is capable of earning more than a threshold amount, which increases each year to account for inflation. For 2005, the critical issue is whether Social Security believes that the person is capable of earning $830 a month after deducting impairment related work expenses and employer subsidies. If the person is visually impaired, the threshold for 2005 is $1,390 per month.

Successor: A successor is one who follows another in a particular office. For example, a successor guardian is a person named to follow the originally named guardian if the originally named individual or institution can no longer hold office. A successor trustee is a person who takes over management of a trust after the initial trustee ceases to act.

Supplemental Needs Trust: See Special Needs Trust.

Supplemental Security Income Program (SSI): A needs based cash benefit program designed to supplement the income of people who are elderly, blind, or disabled and lack sufficient resources to provide for their own needs.

Supported Employment: An employment option for people with disabilities that is integrated into the community at large. The person with a disability generally receives assistance from a job coach, who may be a fellow employee or an employee of an adult service agency.

Surety: Surety is a financial guarantee that an act will be carried out or that a debt will be paid by another person. To post bond is to provide such surety. Surety Bond: See Performance Bond.

T

Tenancy In Common: Form of joint ownership in which tenants do not have right of survivorship. For example, if two individuals each own a one-half interest in a house as tenants in common, each of them can dispose of his or her interest by will. See Joint Tenancy With Right Of Survivorship.

Term Insurance: Term insurance is a form of pure life insurance having no cash surrender value and generally furnishing insurance protection for only a specified or limited period of time, though term insurance is usually renewable from term to term.

Testament, Testamentary Capacity: A person’s testament is the final disposition of his or her property. Anything that is testamentary relates to a will. Testamentary capacity is the legal competence to make a will.

Testamentary Trust: A trust set up by will.

Testator/Testatrix: A testator is a person who is making a will. Testatrix is the female version of testator.

Ticket to Work Program: The Ticket To Work And Self-Sufficiency Program (the Ticket Program) is for people who receive benefits under SSDI or SSI because of disability or blindness. The program is strictly voluntary and offers greater choices in getting recipients services needed to go to work. The goal of the program is to help SSDI and SSI recipients earn enough money so they will not need Social Security cash benefits.

Trial Work Period: The trial work period allows an SSDI recipient to test work ability without loss of benefits even if earnings during the trial work period exceed the substantial gainful activity level. An SSDI recipient is generally permitted nine months of trial work during any rolling sixty-month period. A month counts against the trial work period only if the beneficiary’s earnings for the month exceed a specified amount (for 2005, $590).

Trust: Property in trust is held and managed by a person or institution (the trustee) for the benefit of those persons or institutions for whom the trust was created (the beneficiaries). The creator of a trust is commonly referred to as the settlor, grantor, or trustor.

Trust Instrument: Document creating a trust. Often referred to as a trust agreement or a declaration of trust.

Trust Property: Trust property is the principal amount (the corpus or body) of a trust. It is the income-producing property of a trust.

Trustee: Person responsible for operating a trust. Makes decisions about investments and expenditures in accordance with provisions of trust instrument.

U

Unearned Income Exclusion: For purposes of computing SSI benefit level, exclusion for first $20 of unearned income. Also referred to as General Exclusion.

Uniform Gift to Minor’s Act (UGMA): An act creating a form of trust that permits people to make gifts that will be managed by adults for the benefit of minors without going to the expense of creating a trust. Same as Uniform Transfer to Minor’s Act.

Uniform Transfer to Minor’s Act (UTMA): An act creating a form of trust that permits people to make gifts that will be managed by adults for the benefit of minors without going to the expense of creating a trust. Same as Uniform Gift to Minor’s Act.

Universal Life Insurance: Like whole life insurance except the growth of the policy’s cash value depends on investment performance. See Whole Life Insurance.

Unsuccessful Work Attempt: An unsuccessful work attempt is an effort to do substantial work that is stopped or reduced to below the substantial gainful activity level after a short time (6 months or less) because of an impairment or removal of subsidies or special work conditions related to an impairment and essential to the further performance of work. Earnings during an unsuccessful work attempt are not considered for purposes of making a substantial gainful activity determination.

V

Vanishing Payment Insurance: See Limited Payment Insurance.

Vocational Rehabilitation: Vocational rehabilitation is a federally funded state-operated program designed to increase or develop employment skills.

W

Ward: A person, either a minor or an individual with a disability, under the care of a guardian.

Whole Life Insurance: With whole life insurance, the insured can fix a premium which remains constant for the insured’s life. It is also possible to arrange premiums so the policy is paid off after a specified period. Because premiums exceed the insurance cost, the policy builds a cash value that the insured can borrow. The cash value grows at a rate specified in the insurance contract.

Will: A will is a legal document that controls the passage of an individual’s property at death.

Workstation/Enclave: A type of employment wherein a group of people with disabilities work in a group in an integrated employment environment, typically for a particular job.

Copyright © 2008 by L. Mark Russell, All Rights Reserved

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