Here was the language in the will we were discussing so maybe I got what I asked you wrong:
THIRD: Notwithstanding any other provision in this will, if any beneficiary under this will, including any beneficiary of any trust created under this will, is or shall become disabled or incapacitated, institutionalized, and/or shall be receiving nursing or other care in the home of the beneficiary, in a nursing home, or on an out-patient basis, thereby entitling the beneficiary to public benefits such as Medicaid or Supplemental Security Income, or my Executor or Trustee reasonably shall anticipate that the beneficiary may need such public benefits in the foreseeable future, the share to which said beneficiary (hereinafter referred to as the "Beneficiary") is entitled instead shall be distributed to my Trustee, IN TRUST, to hold the same as a separate trust for the benefit of the Beneficiary in accordance with the following provisions of this Article THIRD.
(a) My Trustee shall hold, manage, invest and reinvest the trust assets, shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall apply for the benefit of the Beneficiary, at any time and from time to time, any part or all of the net income and/or principal of this trust as my Trustee shall deem advisable, in the absolute discretion of my Trustee, subject to the limitations set forth below. Any income not so paid or applied shall be accumulated and added to the principal of this trust at least annually.
(b) It is my intention to create a purely discretionary supplemental needs trust. I intend that the trust assets be used to supplement, not supplant, impair or diminish, any benefits or assistance of any federal, state, county, city or other governmental entity for which the beneficiary may otherwise be eligible or which the beneficiary may be receiving. Consistent with that intent, it is my desire that, before expending any amounts from the net income and/or principal of this trust, my Trustee shall consider the availability of all benefits or assistance under governmental or private programs for which the Beneficiary may be eligible and that, where appropriate and to the extent possible, my Trustee shall endeavor to maximize the collection of such benefits or assistance for the benefit of the Beneficiary.
(c) None of the income or principal of this trust shall be applied in such manner as to supplant, impair or diminish benefits or assistance of any federal, state, county, city or other governmental entity for which the beneficiary may otherwise be eligible or which the beneficiary may be receiving. The Trustee shall not make any distribution to or for the benefit of the Beneficiary if such distribution would reduce or eliminate any governmental entitlement or payment which the Beneficiary would otherwise receive.
(d) No judge or court shall have the power to order the invasion of principal in contravention of the provisions of paragraphs 2 and 3 above. This provision is intended to negate and eliminate any discretion granted by any applicable law. All provisions of this trust shall be interpreted to conform to my primary goal that any governmental benefits or assistance that otherwise would be available to the Beneficiary if this trust did not exist will in no way be reduced, diminished, altered or denied.
(e) The following are examples of the kind of supplemental, nonsupport disbursements that may be appropriate for my Trustee to make for the Beneficiary: medical, dental, rehabilitative and diagnostic work or treatment for which there are no private or public funds otherwise available; supplemental nursing care; differentials in the cost between housing and shelter for shared and private rooms in institutional settings; care appropriate for the Beneficiary that assistance programs do not otherwise provide; and expenditures for travel, companionship, cultural and educational experiences. It is my desire that the Beneficiary enjoy the therapeutic benefits of education, vocational training, hobbies, vacations, modes of transportation, equipment, visitation with family and friends, and other needs and/or luxuries the Beneficiary may have to enjoy life to the fullest. Subject to the restrictions and limitations set forth in the preceding paragraphs of this Article, my Trustee may use the principal and income of this trust for these types of purposes and such other purposes as my Trustee may deem appropriate.
(f) The Beneficiary shall not have any right or power to assign, encumber, direct, distribute or authorize distribution from this trust. The Beneficiary has no entitlement to the income or principal of this trust, except as my Trustee, in the complete, sole, absolute and unfettered discretion of my Trustee, may elect to disburse. In this regard my Trustee may act unreasonably and arbitrarily as I could have acted if living and in control of these funds. The discretion of my Trustee in making nonsupport disbursements as provided in this will is final as to all interested parties, including all federal, state, county, city or other governmental entities, even if my Trustee shall elect to make no disbursements at all.
(g) With the consent of my Trustee, any person may add property to this trust, by assignment, gift, transfer, deed or will, and any property so added shall be held, administered and distributed under the terms of this trust.
(h) My Trustee from time to time may consult with an attorney with appropriate expertise in the area of public benefits and trust law to review applicable legislation, regulations and requirements so that the public benefits eligibility of the Beneficiary is not jeopardized by the actions of my Trustee. The cost of such attorney shall be paid by my Trustee from the trust assets.
(i) Subject to the restrictions and limitations set forth in the preceding paragraphs of this Article, upon the death of the Beneficiary my Trustee may pay all or part of the funeral expenses of the Beneficiary and expenses relating to the distribution of the remaining trust assets as my Trustee shall deem advisable, in the absolute discretion of my Trustee. My Trustee may consider whether other satisfactory provisions have been made for such expenses.
(j) My concern is to provide for the Beneficiary and I am not concerned about preserving assets for the remaindermen of this trust. Upon the death of the Beneficiary, all remaining principal and income of this trust shall be paid and distributed as follows: The remaining principal and interest shall be distributed to whomever the Beneficiary may appoint in the last will and testament of the Beneficiary, or if there is no specific reference to this supplemental needs trust in the last will and testament then to the beneficiaries of the residuary estate under said last will and testament, or if the Beneficiary does not have a last will and testament then to those heirs of the Beneficiary and/or my heirs, in such proportions and amounts, as my Trustee may elect.
(k) If the existence of this supplemental needs trust adversely affects the qualification of the Beneficiary for public entitlements or private support benefits, my Trustee may terminate this trust. If this occurs the remainder interest will be accelerated and all principal and income remaining in the trust shall be paid and distributed as provided in the preceding section. In the event of such a voluntary termination of this trust, it would be my hope and expectation that the remainder beneficiaries would continue to provide for the nonsupport care of the Beneficiary of this trust; however, this request is an expression of my wishes and is not binding on the remainder beneficiaries.