Tuesday, June 22, 1993

More About Me

So, you wanna know about me, eh? Okay, I'll tell you. Maybe -- just maybe -- you'll see that I'm not all that different than you where it really matters.

If you pass me in the halls at school or see me in class with my head down, you might think I'm unaware of what's going on around me. Naw. It's just difficult for me to hold my head up for more than a few minutes at a time. Of course, sometimes I'm snoozing -- like when class is really boring or everyone's ignoring me. I'm also very good at playing 'possum when I don't want to do something.

I love animals, but I'm allergic to dogs and cats (and many, many other things). These days, I take medicine to control my allergies. I had a pet conure, which is a type of parrot, for a while. He could laugh and whistle, but he hadn't learned to talk. Neither have I, but I do communicate with my eyes, my laughter, and my body language.

All living things communicate ... whether through words or body language or facial expressions or behavior. The tricky part is being understood. You see, I have multiple "difabilities" resulting from my very traumatic birth. You can read all about that stuff further down the page, if you're interested.

After almost a decade of advocacy, I now attend the school that I would attend if I didn't have difabilities. Somehow -- magically -- my "special needs" can now be accommodated where they couldn't before. Not quite sure what changed, because all the lame excuses the administration used to spout about why I just had to go to a center-based school with programs for students with similar labels still exist. Interesting, huh?

A positive attitude may not solve all your problems, but it will annoy enough peopleto make it worth the effort.

- Herm Albright

My mother helped me create this blog. We use it to introduce me to others, to answer some of the questions kids most often ask (or would, if their handlers would let them), and to raise awareness of some awesome organizations:
I have a gazillion labels. You know, those big words that some people think define who I am, what I have the potential to achieve, where I should go, when I should arrive, and how I should get there. (And they believe these things before even giving me a chance to prove otherwise. If it was you -- or your kid -- how would that make YOU feel?) Anyway, let me tell you the labels I choose for myself before I tell you those that others have chosen: I am a kid, a young man, first and foremost. I am a son, a brother, a grandson, a cousin, a nephew, and a friend. I am an artist! I am a shameless flirt. (You can even call me "stud muffin" and I won't object ... much.) I am patient, tolerant, kind, silly, cuddly, lovable, ornery, and extraordinarily cute. I believe that everyone (yes, everyone) has gifts to share, and I expect others to believe the same of me.

Now, for the other stuff. (You can click on some of the bigger words for a definition.)

My primary diagnosis is cerebral palsy (CP), which is a condition that affects my ability to move in a coordinated way. It is believed that CP is caused by a hypoxic or anoxic event at or near birth, and I most certainly experienced that! I was not expected to survive, but after 3 weeks in the NICU (Neonatal Intensive Care Unit), I proved all those doctors wrong and went home!
That was just the first instance of so-called "experts" underestimating me, which is so common amongst people with difabilities.

CP is not a disease. It is not contagious, so you can't catch it by being near me. Although there are often medical issues, it does not mean I'm sick. In fact, I've rarely been sick. My "normal" brother and "normal" sister have had more typical illnesses than I have. We all had chicken pox, though. That was NOT fun. Nature doesn't discriminate when it comes to chicken pox.

CP is a characteristic, like having blonde hair. I didn't choose to have CP any more than you chose to be tall or short. It's just a part ... and a very small part ... of who I am.

I need special equipment to help me move and eat. Sometimes people, usually adults, can't see past that equipment. It seems like young people are quicker to recognize that my wheelchair and feeding tube are just tools. I currently cannot walk, use my arms, or even hold my head up for very long. I still have feelings, though, and those feelings can be hurt -- just like yours.

CP also affects my ability to swallow. Yeah, that means that I sometimes drool. I don't like it anymore than you do. It's uncomfortable when my shirt gets wet, so I usually have a bandana around my neck.

My form of CP is called "spastic quadriplegia" - which simply means all four limbs are affected with "spastic" muscle tone.

Do you still have your tonsils? I got rid of mine a few years ago. Apparently, it is common for kids with CP to lack the involuntary muscle control to keep their tonsils out of the way. Thus, they were tickling my throat and causing me to gag often.

When I was just 2½ years old, I had surgery to keep me from throwing up all my food (called a Nissen fundoplication). This prevents me from burping naturally, so a gastrostomy was also performed. My g-tube was originally intended just to "vent" excess gas (in other words, to let the burps out), but I was injured during the surgery and that caused me lose the ability to swallow my food properly. [Read the tale of my surgeries.] I've been working with therapists ever since in an effort to re-learn these skills.

In the winter of 2003-2004, I received Marcy Freed's e-stim treatment (now called Vital Stim) for my >dysphagia. It was very successful, and now I am able to take some food by mouth without having it go down the wrong pipe! (That's a really big issue for people with dysphagia, because when food and stuff gets into the lungs, it can cause pneumonia. And, when mobility is impaired -- like with CP -- it is much harder for the body to recover from pneumonia.)

[Hindsight being 20/20, my mother now believes my tonsils were the culprit all along! She urges all families considering a fundoplication to first thoroughly explore a tonsillectomy. If the tonsils are triggering a gag reflex, then their removal might just eliminate the need for a fundoplication and gastrostomy.]

Until I am able to take more food by mouth, I get all my calories and nutrition through my g-tube, which is a good thing -- because my special formula tastes pretty bad! A g-tube is a small tube that goes straight into my stomach. No, it doesn't hurt. I have a whole bunch of food allergies, so I have to be very careful about what I eat. The special formula ensures that I get all the vitamins I need, and the g-tube ensures that I don't have to taste it!

Because of having CP, I have to take medicine a few times a day. These medicines help my muscles relax. Fortunately, I also take my medicine through my g-tube, so I don't have to taste it either. What I do get to taste are treats (popsicles, lollipops, and fruit smoothies) that the therapists use to help me develop the muscles I need to eat normally. I hope to eventually be able to eat entirely by mouth and to get rid of my g-tube forever.

Another of my diagnoses (labels) is "cortical visual impairment" or CVI, which means that no one knows for sure how well I can see. With CVI, it is also not uncommon for vision to fluctuate -- meaning it varies from day to day, even from hour to hour. We are hoping that I can receive HBOT (Hyperbaric Oxygen Therapy) in the near future, and that it will help my vision (among other things).

Although I currently cannot speak, that doesn't mean I cannot communicate! Several years ago, I taught my family how I say "yes" (by raising my eyes upward). I had been trying for a long time, and they FINALLY caught on! If I could have spoken, I would have said, "It's about time! What took you so long?" Now I'm beginning to turn this movement into a universally-understood nod to indicate YES, and similarly, a shake for NO. My family and close friends also understand my facial expressions and body language quite well. And, there's no mistaking my mood when I start giggling! I was 5 years old when I let out my first laugh, and my family was so excited about it that they made complete fools of themselves trying to get me to do it again. These days, my laugther is frequent -- and it IS contagious.

Speaking of "feeling well", when I don't it's usually due to stomach aches of one sort or another. As part of having CP, I also have what is known as a gastrointestinal (GI) motility disorder - meaning that the smooth muscles of my digestive tract don't always squeeze things along as they should. (That's called "impaired peristalsis.") This results in a wide array of major and minor pains.

Another aspect of my CP (and the brain injury causing it) is a sleep disorder. Due to "severe static encephalopathy" (How's THAT for a mouthful?) I don't have a regular sleep cycle. Without help, I would "cat nap" around the clock ... snoozing for a few minutes at a time. Well, needless to say, that makes it a bit tough to learn new stuff. So, I have a night nurse who stays with me through the night and gives me medicines to help me relax and sleep (and let my family sleep, too). I hope to someday develop a "normal" sleep pattern so that night nursing is no longer necessary. I'm making some progress in that I don't sleep as much during the day any longer. Well, maybe a little power nap now and then ... but who doesn't?

Another label that's been applied to me is "mental retardation" (MR). MR is not contagious, either. It just is. Like having blue eyes. Does the color of your eyes define who you are?

The school system used to insist on segregating me based on my labels. They said I needed "prerequisite functional skills" before I could be included. In other words, they insisted I must learn a bunch of stuff before I was allowed to interact with "normal" kids. How fair is THAT? When you get right down to it, what difference did those labels really make? I mean, those labels still apply to me, and I'm now included. That just goes to show you that all that fuss about "prerequisite functional skills" was a load of bunk. Labels are no excuse for segregation.

When my family and friends look at me, they don't see my labels. They see ME. I challenge each an every visitor to my blog to look past labels. Celebrate the person behind the labels. You will find it a very rewarding and enlightening experience. I promise.

So, what do you like to do?

As you probably already know, I really enjoy painting. I have an online gallery, and plan to sell my work on eBay! I'm going to design a custom-made stamp so I can "sign" my works of art. I like listening to music, especially reggae and 50s rock-n-roll. I like to play games and work out on my Quadriciser. We got a tetherball set for our gym, and that's really fun! I love the rush of air as the ball comes racing toward me, then the WHACK as it hits my guided hands. Oh, and I love to swing ... the higher, the better. I have a need for speed, y'know?

Here's some stuff my mother has written about me ...

Other really neat writings (poems, essays, etc.) ...

I have a trust fund called a "safe harbor" trust. It protects my eligibility for government benefits and other asset-based programs. My mother has uploaded the text of this trust in the hopes of sparing at least one other family the expense of having a trust created ... especially when that money can be much better spent elsewhere! Click HERE.

If you live in the Morgantown area and are interested in working with me, leave a comment and I'll be in touch as soon as possible!

Well, I'm glad you stopped by to "meet" me. I hope we can become friends. I know it'd be good for both of us.

~ Tucker

Safe Harbor Trust

THE TRUST


On the [date], [name of 1st legal guardian], as Legal Guardian of [child’s full name], of [city], [state] and [name of 2nd legal guardian], as Legal Guardian of [child’s full name], of [city], [state] (hereinafter collectively the "GRANTOR"), and [name of 1st trustee], individually, of [city], [state], and [name of 2nd trustee], individually, of [city], [state], (hereinafter collectively the "TRUSTEE"), make this trust.

ARTICLE I
The Grantors’ Family


[name of 1st legal guardian] and [name of 2nd legal guardian] are married to each other and have two (2) children, namely, [1st child’s name] and [2nd child’s name].

ARTICLE II
Transfer to the Trust

The Grantors transfer to the Trustee the property listed in the schedule to this trust, and may transfer additional assets, to be held on the terms and conditions set forth in this instrument.

ARTICLE III
Revocability

This trust is revocable. Either Grantor can alter, amend, revoke, or terminate this trust. Upon the death of the survivor of the Grantors, the trust will become irrevocable, and cannot be altered, amended, revoked or terminated.

ARTICLE IV
Trust During [child’s full name]’s Lifetime

The Trustee shall hold and distribute all of the trust funds in the following manner:

A. Until [child’s full name]’s Death.
Until [child’s full name]’s death, the Trustee shall expend for [child’s full name]’s benefit as much of the trust’s net income and principal as the Trustee shall deem appropriate for his comfort and well being, to enhance and improve the quality of his life, to enable him to live in comfort for the rest of his life, to provide him with such amenities as vacations, attendants, recreation, and items of personal use, comfort, and adornment as are consistent with a very high quality of life, and to help [child’s full name] reach his greatest potential. The Trustee shall add annually to the principal any undistributed income.

B. Limitations on Use.
  1. The Trustee shall not use the trust funds to pay for [child’s full name]’s basic support, maintenance, and health needs, and the Trustee shall not pay or expend any money in a manner that discharges the Grantors’ legal obligations to support [child’s full name] or any other beneficiary.
  2. The Trustee shall not distribute or expend the trust income or principal in a manner that is reasonable expected to disqualify [child’s full name] from available federal or state aid or cause the trust funds to bear all or part of the cost of his treatment or assistance, if such costs would otherwise be borne by the state or federal government.
C. Direct Expenditures.
The Trustee shall, to the extent feasible, avoid making any actual distributions to [child’s full name] and shall instead apply the trust funds to his benefit, including directly paying those of his bills that are submitted to the Trustee by [child’s full name]’s legal guardian.
D. Expenses of Certain Other Persons.
The Trustee shall pay the reasonable expenses incurred by [child’s full name]’s friends and relations in accompanying him on trips, whether or not such trips are overnight, to the extent that the Trustee deems such companionship to be in [child’s full name]’s best interests. Such expenses shall include (but not be limited to) travel costs, hotel and restaurant bills, and a reasonable allowance for unspecified and miscellaneous expenses.

ARTICLE V
At [child’s full name]’s Death

At [child’s full name]’s death, this trust shall terminate, and the Trustee shall distribute all of the trust funds as follows:

A. The Trustee shall first distribute to each state in which [child’s full name] has resided and that has provided medical assistance on [child’s full name]’s behalf under a State plan (as defined in 42 United States Code, section 1396 et seq.), an amount equal to the total medical assistance under that plan.
B. The Trustee shall distribute any remaining trust funds to [name of 1st legal guardian] and [name of 2nd legal guardian], in equal shares, or in the event either of them is deceased, the same shall be devised entirely to the survivor of either of them.

ARTICLE VI
The Trustee

A. Named Trustees. [name of 1st trustee], of [city], [state] and [name of 2nd trustee], of [city], [state], are the initial Trustees of this Trust.
  1. If either [name of 1st trustee] or [name of 2nd trustee] are unable or unwilling to serve as Trustee, then the other shall serve as the sole Trustee of this trust.
  2. No Trustee named in this instrument or by the Trustee shall be required to provide surety or other security on a bond.
  3. No Trustee shall be responsible for or need to inquire about any acts or omissions of a prior Trustee.
B. Additional Trustee.
The Trustee may appoint any person as Co-Trustee or additional Trustee to serve at the pleasure of the appointing Trustee.

C. Delegation.
Any Trustee may appoint any powers and authorities to another Trustee for any period that the delegating Trustee deems appropriate. A person dealing in good faith with any Trustee may rely without inquiry upon that Trustee’s representation that a particular power or authority has been delegated and non rescinded.

D. Resignation.
Any Trustee may resign by giving written notice specifying the effective date of the resignation to the designated successor Trustee.
  1. If no successor Trustee is designated, a resigning Trustee shall give written notice of resignation to the designated successor Trustee.
  2. A successor Trustee necessary to fill any vacancy shall be named by [child’s full name]’s legal guardian.
E. Compensation.
Each person who serves as a Trustee shall be entitled to receive reasonable compensation for services rendered. In the case of a corporate Trustee, reasonable compensation is based upon its published fee schedule in effect at the time its services are rendered or as otherwise agreed, and its compensation may vary from time to time based on that schedule.

F. Management Powers.
The Grantors grant the Trustee powers described below, to be exercised in a fiduciary capacity.
  1. The Trustee may hold and retain as part of the trust any assets received from any course, and invest and reinvest them (or leave them temporarily uninvested) in any type of property and every kind of investment, in the same manner as a prudent investor would invest his or her own assets.
  2. The Trustee may see or exchange any real or personal property contained in the trust, for cash or credit, at public or private sale, and with such warranties or indemnifications as the Trustee may deem advisable.
  3. The Trustee may borrow money (even from the Trustee and from any beneficiary of the trust) for the benefit of the trust and may secure these debts with assets of the trust.
  4. The Trustee may grant security interests and execute all instruments creating such interests on such terms as the Trustee may deem appropriate.
  5. The Trustee may compromise and adjust claims against or on behalf of the trust on such terms as the Trustee may deem appropriate.
  6. The Trustee may take title to any securities in the name of any custodian or nominee, without disclosing this relationship.
  7. The Trustee may determine whether receipts are to be allocated to income or principal and whether disbursements are to be charges against income or principal, to the extent not established clearly by state law. Determinations made by the Trustee in good faith shall not require equitable adjustments.
  8. The Trustee may make all tax elections and allocations the Trustee may consider appropriate; however, this authority is exercisable only in a fiduciary capacity and may not be used to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of fiduciary duties. All tax elections and allocations made by the Trustee in good faith shall not require equitable adjustments.
  9. The Trustee may distribute any of the trust assets to a minor by distributing them to any appropriate person chosen by the Trustee (who may be a Trustee), as custodian under any appropriate Uniform Transfer (or Gifts) to Minors Act, to be held for the maximum period of time allowed by law. The Trustee may also sell and asset that cannot legally be held under this custodianship and invest the sales proceeds in assets that can be held under this custodianship.
  10. The Trustee may employ such lawyers, accountants, and other advisers as the Trustee may deem useful and appropriate for the administration of the trust. The Trustee may employ a professional investment adviser in managing the investments of the trust (including any investment in mutual funds, investment trusts, or managed accounts), delegate to this adviser any discretionary investment authorities, and rely on the adviser’s investment recommendations without liability to any beneficiary.
  11. The Trustee may divide and distribute the trust in kind or in cash, or partly each, without regard to the income tax basis of any asset and without the consent of any beneficiary. The decision of the Trustee in dividing any portion of the trust between or among two or more beneficiaries shall be binding on all persons.
  12. The Trustee may take title to any capital asset with a value in excess of five thousand dollars ($5,000.00) in the name of the Trustee in his fiduciary capacity, or if he shall deem it advisable, through a nominee or agent for the trust (with no obligation to disclose to anyone the existence of that agency relationship). The Trustee may buy assets and have the legal title taken by [child’s full name] or his guardian if the Trustee shall conclude that it is in the best interests of [child’s full name] and the trust.
ARTICLE VII
Overriding Purposes

This article states some of the Grantors’ purposes in creating this trust, and all provisions of this trust shall be construed so as best to effect these purposes. No Trustee shall exercise any discretion under this instrument in a manner that might reasonably be expected to frustrate the accomplishment of any of these purposes.

A. Benefit of [child’s full name].
The primary purpose of this trust is to provide [child’s full name] with such care and assistance as shall enable him to live in comfort for the rest of his life, to provide him with such amenities as vacations, attendants, recreation, and items of personal use, comfort, and adornment as are consistent with a very high quality of life, and to help r[child’s full name] each his greatest potential. No assets of this trust shall be considered available to [child’s full name] for determining his income or assets under the rules by which any government agency determines eligibility for need-based services or financial assistance.

B. Limited Power to Amend.
The Trustee may, by an instrument in writing, amend this agreement in any manner required to meet any of the objectives set forth in this article. No amendment under this paragraph may increase the class of beneficiaries.

ARTICLE VIII
Trust Administration

A. Spendthrift Limits.
No interest in the trust shall be subject to the beneficiary’s liabilities or creditor claims, assignment or anticipation.

B. Protection From Creditors.
If the Trustee shall determine that a beneficiary will not benefit as greatly from an outright distribution of trust income or principal, because of access to the distribution by the beneficiary’s creditors, the Trustee shall instead expend those amounts for the benefit of the beneficiary. This direction is intended to enable the Trustee to give the beneficiary the maximum possible benefit and enjoyment of all the trust income and principal to which the beneficiary is entitled.

C. Multiple Trusts and Shares.
The Trustee may invest the assets of multiple trusts in a single fund if the interests of the trusts are accounted for separately.

  1. The Trustee may merge or consolidate any trust into any other trust that has the same trustee and substantially the same dispositive provisions.
  2. The Trustee may divide any trust into multiple separate trusts.
D. Accountings.
The Trustee shall not be required to file annual accounts with any court or court official in any jurisdiction.

E. Disabled Recipient.
The Trustee may distribute payments that would be made to the Recipient at a time when the Recipient is a minor or disabled to the Recipient’s parent, guardian, or personal representatives, or the person with whom the Recipient resides, without looking to the proper application of those payments.

F. Change of Situs.
The Trustee may change the situs of this trust (and to the extent necessary or appropriate, move the trust assets) to a state or county other than the one in which the trust is then administered, if the Trustee believes it to be in the best interest of the trust or the beneficiaries. The Trustee may elect that the law of such other jurisdiction shall govern the trust to the extent necessary or appropriate under the circumstances.

G. Additional Transfers.
Any person may transfer property to the Trustee. The Trustee may refuse to accept a transfer if the Trustee deems acceptance is not in the trust’s best interests. The Trustee may accept a gift subject to one or more conditions imposed by the donor or the Trustee if it is in the best interests of the trust and the beneficiaries and if the condition does not change the rights of a beneficiary with respect to any prior gift.

ARTICLE IX
Definitions and Miscellaneous

A. Trustee.
"Trustee" shall include each Trustee individually, multiple Trustees, and any successor.

B. Tax-Related Terms.
All tax-related terms shall have the same meaning that they have in the Internal Revenue Code of 1986, as amended.

C. Copies.
There is only one signed original of this trust instrument. Anyone may rely on a copy of this trust instrument certified by a notary public or similar official to be a true copy of the signed original (and of any amendments) as if that copy were the signed original. Anyone may rely on any statement of fact certified by the person who appears from the original document or a certified copy to be a Trustee.

D. Per Stirpes.
Property that is to be divided among an individual’s surviving or then living descendants, "per stirpes", shall be divided into as many equal shares as there are children of the individual who are then living or who have died leaving surviving or then living descendants. A share allocated to a deceased child’s surviving or then living descendants in the same matter.

E. Number.
Whenever the context requires, the singular number includes the plural and the plural singular.

F. Applicable Law.
This trust shall be governed by and construed according to the laws of the State of [state].


DECLARED AND AGREED on the date indicated above.

______________________________________
[name of 1st legal guardian], Grantor

______________________________________
[name of 2nd legal guardian], Grantor

______________________________________
[name of 1st trustee], Trustee

______________________________________
[name of 2nd trustee], Trustee