Irrevocable Living Trust Agreement Form - Income Cap Trust (Page 6 of 9) in pdf

11.6 EMPLOYMENT OF AGENTS. The trustee may engage persons, including

attorneys, auditors, investment advisors, tax advisors or agents to advise or assist the

fiduciary at the cost of the trust estate.

11.7 DO OTHER ACTS. Except as otherwise provided in this instrument, to do all

acts that might legally be done by an individual in absolute ownership and control of

property and which in the trustee’s judgment are necessary or desirable for the proper and

advantageous management of the trust.

11.8 TRUSTEE LIABILITY; USE OF FUNDS TO RESEARCH PROGRAMS. It is

recognized that the trustee is not licensed nor skilled in the field of Social Services. The

trustee may seek the counsel and assistance of the beneficiary’s guardian or conservator, if

any, and any State and local agencies that have been established to assist the elderly or

disabled in similar circumstances. The trustee may use these resources to aid the beneficiary,

or the beneficiary’s guardian or conservator, as appropriate, in identifying programs

which may be of social, financial, and/or developmental assistance to the beneficiary.

However, the trustee shall not in any event be liable to beneficiary, the remainder beneficiaries

of the trust, or any other party for the trustee’s acts as trustee hereunder so long as

the trustee acts reasonably and in good faith. For example, the trustee, the beneficiary, and

the beneficiary’s guardian or conservator, if any, shall not be liable for the failure to identify

each program or resource that might be available to the beneficiary.

11.9 POWER TO AMEND. The trustee may amend the trust to conform with future

changes in federal or state law, to better effect the purposes of this trust.

ARTICLE 12 - TRUST ADMINISTRATION AND COURTS

This trust shall be administered according to its terms expeditiously and without order,

approval or other action by any court. However, the trustee or any interested person may

petition the court as allowed in this trust agreement, or by Oregon law. A court, however,

shall have the continuing jurisdiction to modify any provision of this trust to the extent

necessary to maintain the eligibility of the beneficiary for medical assistance or other public

benefits under applicable law.

ARTICLE 13 - TRUSTEE SUCCESSION AND GENERAL ADMINISTRATIVE PROVISIONS

13.1 RESIGNATION OF TRUSTEE. The trustee may resign the trusteeship at any

time. Any resignation shall be in writing, and shall become effective only after thirty

(30) days from the date of mailing of the written notice to the beneficiary and to the first

remainder beneficiary, and to the successor trustee named herein, mailed to the most current

addresses known to the trustee; now the addresses are:

Beneficiary’s Address:

________________________________________(Beneficiary Name)

________________________________________(City, State, Zip)

________________________________________(Beneficiary Telephone #)

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INCOME CAP TRUST AGREEMENT

Irrevocable Living Trust Agreement Form - Income Cap Trust Page 6