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https://lewissaret.com/2014/07/10/ascertainable-standards-and-trust-distributions-what-you-should-know/
Jul 10, 2014 · An ascertainable standard is a standard that restricts the power of the Trustee to make distributions to a beneficiary to an extent measurable by the beneficiary’s needs for health, education or support. Having an ascertainable standard allows a beneficiary to be able to serve as trustee without causing the trust’s assets to be included in the beneficiary’s estate.
https://www.comtrst.com/wp-content/uploads/2013/05/CDMB-Presentation-re-Discretionary-Distributions-A-Trustees-Guideline.pdf
The Ascertainable Standard: the HEMS standard. The following are examples of distributions which would be permissible under a HEMS standard: 1. Health. The standard of “health” is generally thought to include the following: a. Emergency medical treatment ; b. Psychiatric treatment ; c. Psychological treatment; d. Routine health care examinations;
https://www.wealthdirector.com/2013/09/the-limits-of-discretion-trust-distributions-for-health-education-maintenance-and-support/
Sep 10, 2013 · This “health, education, maintenance and support” distribution standard is so common that most trustees and other trust advisors refer to it simply as the “HEMS” standard. The HEMS standard is common in trust planning because limiting distributions to such an ascertainable standard avoids a number of transfer tax pitfalls.
http://www.disinherit-irs.com/~disinher/files/The%20HEMS%20Distribution%20Standard%207-21-15.pdf
HEMS standard is commonly referred to as an “ascertainable standard” as it allows a trustee with parameters in which to make decisions regarding what distributions are appropriate for a particular trust beneficiary. In using this standard, a grantor can be assured that there will be …
https://www.wealthmanagement.com/estate-planning/health-education-maintenance-and-support-0
Health, Education, Maintenance and Support Sometimes abbreviated as HEMS, the ascertainable standard is undeniably a creature of tax law,1 though it must also operate in the realm of trust.
https://www.irs.gov/pub/irs-wd/0028008.pdf
reasonably fixed or ascertainable standard which is set forth in the trust instrument. A clearly measurable standard under which the holder of a power is legally accountable is such a standard for this purpose. For instance, a power to distribute corpus for the education, support, maintenance, or health of the beneficiary; for his reasonable
https://www.law.cornell.edu/cfr/text/26/20.2041-1
(b) Definition of “power of appointment” - (1) In general. The term “power of appointment” includes all powers which are in substance and effect powers of appointment regardless of the nomenclature used in creating the power and regardless of local property law connotations.
https://fredfranke.com/articles/4-5-ascertainable-standards-estate-planning/
A power is limited by such a standard (an ascertainable standard) if the extent of the possessor’s duty to exercise or not to exercise the power is reasonably measurable in terms of his needs for health, education, or support (or any combination of them).
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/Sections/0736.0103.html
Nov 08, 2019 · (3) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of s. 2041(b)(1)(A) or s. 2514(c)(1) of the Internal Revenue Code of 1986, as amended. (4) “Beneficiary” means a person who has a present or future beneficial interest in a trust,...
https://www.irs.gov/pub/irs-wd/1039008.pdf
Oct 01, 2010 · Under § 2041(b)(1)(A), a power to consume, invade, or appropriate property for the benefit of the decedent relating to the health, education, support, or maintenance of the decedent shall not be considered a general power of appointment.
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