Trustee Cannot Deny Withdrawals by Beneficiary with ADHD

Although the trustee had the discretion to deny requested withdrawals by the beneficiary if in the opinion of the trustee the beneficiary is suffering from a disability that renders him unable to manage his own affairs, the trustee failed to properly use that discretion when the “disability” was childhood attention deficit hyperactivity disorder (ADHD) allegedly aggravated by marijuana use. Harrison Trust, 11 Fid.Rep.3d 116 (Bucks O.C. 2021) (trust governed by Florida law), aff’d 635 EDA 2021 (Pa. Super. 1/4/2022) (non-precedential).

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