A Practical Guide to Special Needs Trusts in Mount Carmel
Planning a secure financial future for a loved one with disabilities involves careful consideration of benefits, asset protection, and long-term care. This guide explains how a special needs trust can help preserve public benefits while providing for supplemental needs that improve quality of life. We focus on practical steps families can take in and around Mount Carmel, Tennessee, and describe how to structure a trust that aligns with local rules and common state practices. Our goal is to give clear, actionable information so families can make informed decisions and begin the planning process with confidence.
Families often face confusion about how assets will affect eligibility for Social Security Disability Insurance, Supplemental Security Income, or Medicaid. A properly drafted special needs trust can allow a person with disabilities to receive supplemental support without jeopardizing means-tested benefits. This section offers an overview of key considerations, such as appointing a trustee, specifying allowable distributions, and coordinating with other long-term planning tools. We also outline how to gather necessary information and what documentation tends to be useful when starting a special needs trust in Mount Carmel or elsewhere in Tennessee.
Why a Special Needs Trust Matters for Families
A special needs trust provides a mechanism to manage assets for someone with disabilities while preserving eligibility for important public benefits. By clearly defining permissible uses of trust funds—such as education, transportation, therapies, and quality of life items—the trust can supplement government programs that cover basic needs. The structure also allows family members to transfer funds into the trust without creating disqualification risks. Beyond benefit protection, a trust offers a formal plan for decision making, reduces family uncertainty, and sets clear expectations for how resources will be used over the long term for the beneficiary’s care and well-being.
About Jay Johnson Law Firm and Our Approach to Special Needs Planning
Jay Johnson Law Firm serves clients in Mount Carmel and across Tennessee, focusing on estate planning and probate matters including special needs trusts. Our approach is client-centered and practical, emphasizing clear communication and careful drafting to reflect each family’s goals. We help families identify the right trust features and coordinate with financial advisors and care providers. The firm prioritizes accessible guidance so families understand the legal choices available and the likely consequences for benefits and asset management, offering steady support throughout document preparation and implementation.
Understanding Special Needs Trusts: Purpose and Mechanics
A special needs trust is a legal arrangement created to hold assets for a person with disabilities while aiming to preserve eligibility for government benefits. The trust can be funded by family, third parties, or in some cases by the beneficiary’s own assets, and it specifies how funds may be used for supplemental needs not covered by public programs. Trustees have the duty to make distributions in ways that enhance the beneficiary’s life without substituting for benefits that are means-tested. Proper drafting must reflect both federal standards and Tennessee practices to avoid unintended disqualification from important programs.
There are different types of trusts used in special needs planning, each serving distinct situations and funding sources. Third-party trusts receive assets from others and do not affect the beneficiary’s benefits, while first-party or self-settled trusts have specific rules for reimbursement to public benefits on the beneficiary’s death. Choosing the right structure involves considering the source of funds, the beneficiary’s current benefits, long-term care plans, and family preferences. We guide families through these choices and explain how trustee selection and distribution standards influence everyday administration and long-term outcomes.
What Is a Special Needs Trust?
A special needs trust is a specialized estate planning tool designed to hold assets for a person with disabilities without interfering with eligibility for government benefits that are based on income or resources. The trust document explains who may fund the trust, who will serve as trustee, and how funds may be spent for the beneficiary’s supplemental needs. It also outlines protections for the beneficiary and any conditions on distributions. Drafting with attention to statutory requirements and program rules is essential to ensure the trust performs its intended function over the beneficiary’s lifetime.
Key Elements and the Planning Process
Creating a special needs trust involves several core steps: identifying the beneficiary’s present benefits and future needs, selecting a trustee and successor trustees, drafting specific distribution language, and coordinating the trust with other planning documents such as wills and powers of attorney. Funding strategies must be addressed early, as different asset sources carry different implications for benefits. The process typically includes reviewing medical and financial information, meeting with family members to clarify goals, and preparing formal trust documents that reflect choices about allowable expenses and long-term management.
Key Terms and Glossary for Special Needs Trust Planning
Understanding common terms helps families navigate conversations about planning and trust administration. This section defines frequently used words and concepts, clarifying how they relate to the beneficiary’s eligibility and everyday support. Familiarity with these terms can reduce confusion and make collaboration with advisors more effective. We provide plain-language definitions that reflect Tennessee practice and federal program basics so families can spot important distinctions and ask the right questions when discussing trust options and drafting decisions.
Trustee
The trustee is the individual or entity responsible for managing the trust assets and making distributions for the beneficiary’s benefit. A trustee must act in the best interests of the beneficiary, keep accurate records, and follow the terms of the trust document when making decisions about purchases, payments, or investments. Selecting a trustee requires weighing reliability, financial literacy, and familiarity with benefits rules; many families name a trusted relative, a professional fiduciary, or a bank or trust company to serve, often with successor trustees named for the future.
Supplemental Needs
Supplemental needs refer to goods and services that enhance a beneficiary’s quality of life beyond what public benefits cover. Examples include educational opportunities, therapies not fully covered by insurance, recreation, certain medical equipment, transportation, technology aids, and personal care items. Trust language usually limits distributions to allowable supplemental needs while avoiding payments that could be considered income replacement for covered benefits. Properly defining supplemental needs in the trust helps trustees make appropriate decisions and supports the trust’s role as a complement to public assistance.
First-Party vs Third-Party Trusts
A first-party trust holds assets that belong to the beneficiary, such as an inheritance or settlement, and often must meet specific requirements, including provisions for repayment of public benefits from remaining assets when the beneficiary dies. A third-party trust is funded by someone other than the beneficiary, like a parent, and typically does not require reimbursement to benefits programs. The choice between these structures depends on the source of funds, family goals, and whether reimbursement provisions would be acceptable to the creator of the trust.
Pooled Trust
A pooled trust is managed by a nonprofit organization that pools funds from many beneficiaries for investment and administrative purposes while maintaining separate accounts for each beneficiary’s needs. Pooled trusts can accept first-party funds and often include benefit repayment clauses consistent with program rules. They offer a cost-effective option for families who prefer not to set up a standalone trust. The nonprofit trustee handles management and distribution decisions according to the pooled trust’s policies, and families can often contribute funds to a pooled arrangement when other trust options are impractical.
Comparing Trust Options and Alternatives
When planning, families often weigh multiple options such as first-party trusts, third-party trusts, pooled trusts, and relying solely on government benefits. Each option has trade-offs related to control, cost, administrative burden, and estate planning consequences. For example, third-party trusts provide strong flexibility without direct reimbursement obligations, while pooled trusts reduce administrative complexity for smaller funding amounts. Evaluating choices involves considering the beneficiary’s current benefits, likely future needs, and the family’s long-term intentions for asset management and inheritance.
When a Limited Trust Approach May Be Appropriate:
Low Funding or Specific Short-Term Needs
A limited approach, such as placing modest resources into a pooled trust or drafting narrowly targeted distribution provisions, may be appropriate when available funds are small or intended for near-term needs like therapy or education. These approaches reduce administrative complexity and cost while still protecting benefits. Families should assess how long the funds must last, whether ongoing management is needed, and if the chosen method will meet the beneficiary’s likely future needs without creating unintended eligibility issues.
Clear Short-Term Goals and Minimal Impact on Benefits
A limited strategy can work when the primary goal is to cover specific, short-term expenses that will not alter eligibility for means-tested programs. Examples might include paying for a particular course, assistive device, or short rehabilitation program. In such cases, families can choose straightforward arrangements with simple documentation and fewer ongoing responsibilities. It remains important to coordinate with benefits administrators and document how funds are used so that support from the trust does not unintentionally disrupt public benefit eligibility.
Why a Broader Planning Approach Often Makes Sense:
Complex Benefits Coordination
When a beneficiary relies on multiple programs or when family wealth and long-term care considerations are involved, a comprehensive planning approach helps ensure benefits remain protected and resources are used efficiently. Comprehensive planning reviews all relevant income streams and benefit rules, integrates the special needs trust with wills and powers of attorney, and crafts durable trustee powers to handle evolving circumstances. This level of planning reduces the risk of mistakes that could lead to loss of benefits or unintended tax consequences, and supports steady administration over many years.
Long-Term Asset Management and Legacy Planning
Families intent on preserving assets for long-term care, future technology or therapy needs, or to provide ongoing supplemental support benefit from a coordinated plan that addresses trust funding, successor trustees, and end-of-life disposition. Comprehensive planning can specify how remaining assets will be handled, whether reimbursement to programs is required, and how to transition trustee responsibilities. This foresight helps prevent disputes, supports continuity of care, and aligns the trust with broader estate planning goals for the family across generations.
Benefits of a Thoughtful, Coordinated Planning Strategy
A coordinated planning approach reduces uncertainty by aligning the special needs trust with wills, medical directives, and financial plans. This alignment clarifies who will make decisions, how funds may be used, and what happens when the beneficiary or trustee situations change. Consistent documentation and proactive choices help avoid disputes and administrative delays, while also making it easier for trustees to follow clear guidelines. Families who plan comprehensively tend to face fewer interruptions in benefits and have greater confidence that the beneficiary’s needs will be met long term.
Comprehensive planning also provides flexibility to adapt as the beneficiary’s circumstances change. By creating durable documents and naming successor decision-makers, families prepare for transitions in caregiving or financial needs without needing immediate court intervention. A thorough plan anticipates likely scenarios and includes provisions for investment, distribution standards, and communication among family members. That proactive attention often reduces emotional stress and administrative burdens, allowing care providers and trustees to focus on the beneficiary’s wellbeing rather than on emergency legal questions.
Protection of Benefits and Supplemental Support
One of the main benefits of a careful planning approach is safeguarding eligibility for Medicaid, SSI, and other means-tested programs while ensuring the beneficiary still receives meaningful supplemental support. Thoughtful trust language and funding decisions help the trustee make distributions for allowable items that enhance quality of life but do not count as income or resources that would disqualify the beneficiary. This balance between benefit protection and supplemental spending is central to long-term financial security for people with disabilities.
Clarity, Access, and Long-Term Continuity of Care
A comprehensive plan creates clear roles and procedures for managing resources and obtaining services, which makes it easier for trustees and family members to act consistently and confidently. Having documented strategies for funding, distributions, and successor management reduces the likelihood of disputes and interruptions in care. Long-term continuity is enhanced when trustee responsibilities, communication protocols, and administration guidelines are established in advance, ensuring the beneficiary’s needs remain the central focus without unnecessary legal or administrative obstacles.
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Practical Tips for Special Needs Trust Planning
Gather Medical and Benefits Information Early
Collecting current medical records, lists of providers, benefit award letters, and a clear summary of monthly income and assets makes the planning process more efficient and helps tailor the trust to the beneficiary’s situation. Having this information ready allows the planner to identify potential conflicts with program rules and design a trust that fits both immediate needs and anticipated changes. Early information gathering reduces surprises during drafting and supports accurate recommendations about funding strategies and distribution standards that align with the beneficiary’s care plan.
Choose Trustees with Care and Plan for Succession
Coordinate the Trust with Other Estate Documents
Ensure the special needs trust aligns with wills, powers of attorney, healthcare directives, and beneficiary designations to avoid conflicting instructions. Coordination clarifies how assets move into the trust, who may direct funds for the beneficiary, and how remaining assets are distributed upon death. Regular reviews of estate documents are important as family, financial, or benefit circumstances change. Keeping documents consistent and current prevents delays, litigation risk, and unintended consequences for the beneficiary’s eligibility or financial security.
Reasons Families Choose Special Needs Trust Planning
Families pursue special needs trust planning to protect benefits while preserving additional resources that improve a beneficiary’s quality of life. Planning helps manage inheritances, settlements, or savings in a way that does not count as the beneficiary’s personal resources for benefit eligibility. It also provides a formal plan for decision making should family caregivers become unable to serve. This legal structure reduces uncertainty, clarifies expectations about how funds may be spent, and helps ensure that the beneficiary’s care needs are addressed consistently over time.
Other common reasons include coordinating long-term care funding, avoiding unintended disqualification from public programs, and creating a legacy plan that addresses both immediate and future needs. Trust planning also helps families name responsible trustees and successors, reduce the administrative burden on loved ones, and create a durable framework that supports the beneficiary’s changing needs. Many families find that formalizing a plan gives them peace of mind and a clearer path forward for managing resources and accessing services.
Common Situations Where a Special Needs Trust Is Helpful
Special needs trusts are commonly used when a person with disabilities receives an inheritance, settlement, or gift that would otherwise affect benefit eligibility. They are also helpful when families want to provide supplemental care or lifestyle enhancements without risking means-tested programs. Other circumstances include planning for long-term care needs, consolidating funds for long-term budgeting, or formalizing arrangements when caregivers age or are unable to serve. The trust structure helps manage resources responsibly while preserving access to critical public benefits.
Inheritance or Settlement Funds
When a beneficiary receives an inheritance or personal injury settlement, placing those funds into a properly drafted trust can prevent disqualification from programs like SSI or Medicaid. The trust must be structured to meet relevant legal requirements, and the trustee must manage distributions so that benefits eligibility remains intact. This arrangement allows families to use funds for supplemental needs while maintaining access to foundational coverage for housing, medical care, and basic living expenses.
Parental Planning for Long-Term Support
Parents often create a special needs trust as part of a broader estate plan to ensure continued support after they are no longer able to provide care. The trust specifies how legacy funds will be used and names trustees to manage the beneficiary’s resources. Proper planning at this stage reduces the likelihood of disputes and helps set expectations for caregivers and other family members. It also allows parents to preserve public benefits while arranging for a consistent source of supplemental support.
Changes in Benefits or Care Needs
If a beneficiary’s medical needs, living arrangements, or benefit status change, a special needs trust can provide a flexible vehicle for adjusting support without risking eligibility. Trust terms and administration can accommodate evolving circumstances, such as increased therapy needs, changes in housing, or transitions to different care settings. Regular reviews and updates help the trust remain effective over time and ensure that distributions continue to reflect the beneficiary’s current needs and support network.
Mount Carmel Special Needs Trust Services
Jay Johnson Law Firm provides practical assistance to families in Mount Carmel who are exploring special needs trust options. We help identify the right trust structure based on family goals and the beneficiary’s benefits profile, draft clear documents tailored to Tennessee practice, and coordinate funding and administrative steps. Our focus is on reliable communication, careful drafting, and working with families to implement a plan that maintains benefit eligibility while offering meaningful supplemental support for the beneficiary’s quality of life.
Why Families Work with Jay Johnson Law Firm
Clients choose Jay Johnson Law Firm because we combine practical planning with clear, accessible guidance. We explain how trust terms interact with benefits rules and help families identify funding sources and trustee options that reflect their goals. Our process emphasizes documentation, communication, and reasonable timelines so families know what to expect and can make informed decisions about supporting a loved one with disabilities.
We also work collaboratively with financial and healthcare professionals to coordinate plans that address both legal and care considerations. By aligning the trust with broader estate documents and recommending administrative practices for trustees, we aim to reduce future disputes and ensure steady management of trust resources. Our role is to prepare reliable documents and provide guidance for long-term administration that centers the beneficiary’s needs.
Finally, our practice serves clients across Tennessee including Mount Carmel and surrounding areas. We offer practical scheduling for consultations, straightforward fee discussions, and assistance with implementation tasks like trust funding and beneficiary communications. Our goal is to create plans that families can rely on and to make the legal process as clear and manageable as possible during what is often an emotional time.
Contact Jay Johnson Law Firm to Discuss Special Needs Trust Options
How We Handle Special Needs Trust Matters
Our process begins with a detailed consultation to understand the beneficiary’s benefits, medical needs, and family goals. We review relevant documents and gather financial information to design a trust structure that aligns with Tennessee practice and federal program requirements. After presenting options, we draft the trust documents, coordinate funding steps, and provide guidance for trustee administration. Throughout, we communicate clearly about timelines and next steps so families can implement the plan with confidence and minimal disruption.
Initial Consultation and Fact Gathering
The first step is an intake meeting to learn about the beneficiary’s benefits, medical history, and family priorities. We collect benefit award letters, financial statements, and any relevant court or settlement documents. This information helps determine which trust structure best suits the situation and identifies immediate considerations for benefit protection. During this phase we also discuss trustee options and the family’s expectations for distributions and long-term management.
Review of Benefits and Needs
We examine the beneficiary’s current benefits and eligibility rules to determine how proposed funding will interact with public programs. This review includes identifying potential income or resource thresholds and outlining distribution strategies that avoid disqualification. Understanding the beneficiary’s medical and daily living needs allows us to tailor trust language to permit appropriate supplemental spending in a way that supports long-term benefit continuity.
Determining Funding Sources
Identifying the source of trust funds is essential to choosing the correct trust type. We evaluate inheritances, settlements, and potential future gifts or estate distributions. Different funding sources may require different drafting approaches, such as repayment provisions for self-settled trusts or the simpler terms available for third-party trusts. Clarifying funding early prevents surprises and helps prioritize practical administration choices for the trustee.
Drafting and Document Preparation
Once a plan is chosen, we prepare trust documents tailored to the beneficiary’s needs and consistent with Tennessee law. Drafting addresses trustee powers, distribution standards, successor trustee naming, and any necessary reimbursement provisions. Our drafting aims for clarity to assist trustees with future decisions and to reduce interpretation disputes. We review the documents with the family to ensure the terms match their intentions before finalizing signatures and notary steps.
Customizing Distribution Standards
Trust provisions specify permissible distributions and provide guidance for trustees about when to approve requests for supplemental support. Clear, well-drafted distribution standards help trustees make consistent decisions and maintain the trust’s purpose. Customization allows families to prioritize certain items like education or assistive technology while avoiding payments that could be considered income replacement for covered benefits.
Coordination with Estate Documents
We ensure the special needs trust is integrated with wills, powers of attorney, and healthcare directives so assets and decision-making authority are aligned. This coordination reduces conflicting instructions and clarifies how remaining assets will be handled upon the beneficiary’s or settlor’s death. Proper alignment helps prevent probate surprises and supports a smooth transition for trustees and caregivers.
Implementation and Ongoing Administration
After signing, we assist with funding the trust and provide trustees with guidance on recordkeeping, permissible distributions, and administrative responsibilities. Ongoing administration may include annual reviews, coordination with benefit administrators, and updates as circumstances change. We remain available to advise trustees about complex distribution decisions, beneficiary transitions, or the need to amend documents when life events warrant changes to the plan.
Funding the Trust and Initial Transactions
Funding steps vary depending on asset type and source. We help families transfer accounts, title property appropriately, and document settlements or gifts that fund the trust. Proper funding prevents assets from being treated as the beneficiary’s personal resources and promotes the trust’s intended protection. Clear documentation at the time of funding reduces questions from benefits administrators and supports continued eligibility for programs that the beneficiary relies upon.
Trust Administration and Recordkeeping
Good recordkeeping helps trustees document distributions and demonstrate compliance with the trust terms and benefit rules. We provide guidance on tracking expenses, maintaining receipts, and preparing any necessary reports. Consistent administration and communication with family members help preserve benefits and make it easier for successor trustees to assume responsibility if needed. Regular reviews ensure the trust continues to meet the beneficiary’s changing needs and that adjustments are made when appropriate.
Frequently Asked Questions About Special Needs Trusts
What is a special needs trust and why is it used?
A special needs trust is a legal arrangement that holds funds for a person with disabilities while aiming to preserve eligibility for public benefit programs. It specifies who can fund the trust, who manages it, and how funds may be used to provide supplemental support that complements, rather than replaces, government benefits. Trusts are commonly used when beneficiaries receive inheritances, settlements, or other resources that could otherwise disqualify them from means-tested programs.Families use special needs trusts to protect benefits while providing for additional needs such as education, therapies, equipment, and recreational activities. The trust’s language and administration must align with federal program rules and Tennessee practice to avoid unintended consequences, so careful drafting and documentation are essential.
How does a special needs trust affect eligibility for SSI and Medicaid?
Properly designed special needs trusts can preserve eligibility for programs like SSI and Medicaid by ensuring funds are not treated as the beneficiary’s personal resources. Distribution standards and trustee discretion are key factors: payments should be made for supplemental needs in a way that does not count as income or resources under the applicable program rules. Understanding the interaction between trust distributions and benefits is vital before funding the trust.Trust administration must be consistent and well documented to avoid disputes with benefits administrators. Trustees should be familiar with how proposed distributions might be viewed by program officials and maintain records that show funds were used for permissible supplemental purposes.
Who should be named as trustee and what are their responsibilities?
The trustee manages trust assets, makes distributions for permissible supplemental needs, keeps records, and acts in the beneficiary’s best interest under the trust terms. When selecting a trustee, families should consider reliability, financial judgment, and willingness to serve over the long term. Many families name a trusted relative or professional fiduciary and include successor trustees to address future transitions.Trustees should maintain careful records, communicate with family members, and coordinate with benefit administrators when necessary. Clear trust language and written guidelines for distributions help trustees fulfill responsibilities consistently and reduce the risk of decisions that could affect the beneficiary’s benefit eligibility.
What is the difference between a first-party trust and a third-party trust?
A first-party trust is funded with the beneficiary’s own assets and usually includes provisions for repayment of certain public benefits from any remaining trust assets upon the beneficiary’s death. These trusts must meet specific requirements to be valid for benefit protection. A third-party trust is funded by someone other than the beneficiary, such as a parent, and typically does not require reimbursement to public programs upon the beneficiary’s death.Choosing between these options depends on the source of funds and the family’s goals. Third-party trusts often provide greater flexibility for legacy planning, while first-party trusts are designed to handle funds the beneficiary already owns in a way that preserves benefits during their lifetime.
Can a pooled trust be a good option for smaller amounts?
Pooled trusts can be an effective option for families with smaller funding amounts or when creating an individualized standalone trust is impractical. Run by nonprofit organizations, pooled trusts hold individual accounts for beneficiaries while pooling assets for investment and administrative efficiency. They often accept first-party funds and include standard policies for distributions and repayment provisions consistent with program rules.Pooled trusts can reduce administrative burdens and lower costs, but families should review the nonprofit’s policies, fees, and terms carefully. It is important to confirm how distributions are handled and how remaining funds are treated when a beneficiary’s account is closed or the beneficiary dies.
How do families fund a special needs trust?
Families fund special needs trusts through various sources such as inheritances, gifts, settlements, life insurance proceeds, or direct transfers arranged in estate plans. The method of funding affects the choice of trust structure and any repayment requirements. It is important to coordinate funding actions with the trust document so funds move into the trust appropriately and do not unintentionally count as the beneficiary’s personal resources.When settlements or inheritances are expected, documentation and timely transfer into the trust are important. We assist clients in handling transfers, changing account titles, and documenting funding steps to preserve the trust’s protective purpose and avoid challenges from benefits administrators.
Will a special needs trust need to be updated over time?
Yes, trusts and related documents should be reviewed periodically, especially after major life events such as changes in benefits, health status, family circumstances, or significant shifts in assets. Periodic review ensures the trust remains aligned with the beneficiary’s needs and current legal or program developments. Updating trustee names, distribution standards, or coordination with other estate planning documents can be necessary to maintain effective protection and administration.Regular reviews also help identify opportunities to streamline administration, reduce potential conflicts, and confirm that funding arrangements continue to meet the family’s intentions for long-term support. Scheduling a review every few years or after major changes is a practical way to keep plans current.
What documentation is helpful to bring to an initial consultation?
Helpful documents for an initial consultation include benefit award letters, recent bank and investment statements, details of any pending settlements, and an overview of the beneficiary’s medical needs and providers. Estate planning documents such as wills, powers of attorney, and any prior trusts are also useful. Having this information available speeds the planning process by allowing us to assess eligibility impacts and funding strategies quickly.A clear summary of monthly expenses, current caregivers, and envisioned long-term goals for the beneficiary’s care is also valuable. These practical details enable more tailored recommendations and help identify the trust features that best meet the family’s needs.
What happens to remaining trust assets when the beneficiary dies?
How remaining assets are handled depends on the type of trust and the terms set by the creator. For third-party trusts, the settlor usually specifies who receives remaining assets at the beneficiary’s death and may direct funds to other family members or charitable causes. For first-party trusts, federal and state rules may require that remaining assets be used to reimburse public benefits for care provided during the beneficiary’s lifetime before other distributions are made.Trust documents should clearly state remainder provisions and any required reimbursement clauses. Families should discuss their intentions early so that the trust accomplishes legacy goals while respecting legal obligations associated with certain trust types.
How long does it take to create and fund a special needs trust?
The timeline to create and fund a special needs trust depends on case complexity, documentation readiness, and the need for coordination with other advisors. Drafting can often be completed within a few weeks if benefit information and funding sources are clear, but longer timelines may be necessary for complex estates or pending settlements. Allow time for review, signings, and proper funding steps to ensure assets are transferred correctly.Funding the trust may require additional actions such as retitling accounts, coordinating settlement disbursements, or transferring property titles. Taking these steps carefully is important to preserve benefit eligibility and ensure the trust works as intended, so families should plan for both drafting and implementation time.