Loading...
HomeMy WebLinkAbout1287 JOINT LIVING TRUST AGREEMENT (2) From time to ti~e to amend this instrument in any particular; provided that the responsibilities, duties, and rate of conpensation of any Trustee shall not be changed without the written consent of such Trustee. (3) From ti~e to ti~e, to change the identity or number or both, of the Trustee or Trustees. (4) From time to ti~e, to WithdraW from the Trust any part or all of the Trust Property. B. With respect to any life insurance policy deposited with Trustee by either Grantor and~made subject to Lhis Trust, both Grantors reserve an exclusive right: (1) To sell, assign, or pledge any such policy. (2) To exerciae any option or privilege granted by such policies, includinq a riqht to change the Beneficiaries. (3) To borrow trow individual, partnership, corporation or association, and to pledye auch policies as security. (4) To receive any payment, dividend, surrender value, benefit, or privilege accruing on account of such policies. C. During Grantora' lives or th~ life of the Survivor, except any period of adjudicated inco~petency, Trustee shall pay the Grantors or to the written order ot either of them, whatever part of the principal or inco~e of the Trust that the Grantors or either of them may direct. Until Grantor directs otherWise, Trust inco~e shall be distributed sonthly to the Grantors or Survivor. D. If either Grantor beco~es incapacitated, a Trustee or Successor Trustee ~ay stop distributinq inco~e or principal to ~ such Grantor and ~ay, unless directed otherwise by a Grantor, ~ distribute directly to third parties, without intervention of any quardian, Nhatever amount the Trustee deems necessary for the health, support, care, and ~aintenance of such incapac~tated Grantor. Payment may be ~ade from income or, if necessary, from ~ principal. In determining incapacity, a Trustee may rely on any of the folloWing: 1. Written request fro~ Grantor; ~ 2. Written state~ents from two of Grantor's attending ; physicians; or ~ 3. adjudication from court of competent jurisdiction. i Neither a quardian nor a conservator of a Grantor nor any ~ person other than a Grantor, except as otherWise provided in this Article IV, may exercise any of the riqhts reserved to Grantors ! by the provisions of this item. ; E. Upon Written request by either Grantor, the Trustee will assent to or join in execution of any instrument presented to ~ Trustee by such Grantor to enable sa~d Grantor to exercise any ~ rights reserved by the provisions of this Article IV. i g ~ ARTICLE V: GRANTORS' LIVING MILL DSCL~RATZON ~ ~ Not withstanding any provision in Article IV, Trustee shall ~ make no expenditure for eedical, hospital,.or other service for a ~ Grantor When, in the opinion of Trustee and With the agreenent of such Grantor's attending physicians, the Grantor is near death ~ and not able to recover no ~atter hoW long Grantor's life is ~ prolonqed by such service. Trustee is absolved fro~ any liability ~ Whatever for directinq that Grantor be removed from a hospital or g other health care facility under such conditions. If a Grantor should suffer any terminal condition, such that the Grantor's attendinq physicians have deter~ined that the Grantor's death is imminent and a life-prolonqing procedure can only artificially prolong death, the Grantor hereby directs such procedures be withheld so Grantor may die naturally, provided the health care provider shall be directed to adpinister any indicated medication and ~edical procedures deemed necessary to assure Grantor's com- - fort and alleviate pain. In the absence of Grantor's ability to = request any life-prolonging procedure, it is Grantor's intention ~ F that this declaration ahall be honored by the Trustee and ~ Grantor's family and physicians as a final expression of F Grantor's legal right tn refuse medical or surqical treat~ent. z J~ G ~ ~ Pa e 2 of Seven Grantors' Znitials / " l`/t'' 9 1?-4~- aoox 67~ PacEi287 ~ ~ - - ~ ~.~EUN~.~~~~~_ ~~r: _ ~~,~:~__v__._z~ ~~~,~w