Read 1st time April 6, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 456, RSMo, relating to trusts and trustees by adding thereto one new section relating to trusts for disabled beneficiaries.
Section A. Chapter 456, RSMo, is amended by adding thereto one new section, to be known as section 456.950, to read as follows:
456.950. 1. A discretionary trust for the benefit of an individual who has a disability that substantially impairs the individual's ability to provide for his or her own care or custody and constitutes a substantial handicap shall not be liable to pay or reimburse the state or any public agency for financial aid or services to such individual except to the extent the trust was created by the individual or trust property has been distributed directly to or is otherwise under the control of the individual; provided that, such exception shall not apply to a trust created with the disabled individual's own property or property within his or her control if the trust complies with the Medicaid reimbursement requirements pursuant to federal law.
2. Notwithstanding any other provision of law to the contrary, a trust created with the disabled
individual's own property or property within his or her control shall, after reimbursement of any
Medicaid expenditures, be liable to the state for reimbursement of any other service charges
outstanding at the death of the disabled individual. Property, goods and services purchased or
owned by a trust for and used or consumed by a disabled beneficiary shall not be considered trust
property distributed to or under the control of the beneficiary. For purposes of this section,
"discretionary trust" means a trust in which the trustee has discretionary power to determine
distributions to be made under the trust.
Missouri House of
Representatives