Section 402.206

Title XXVI TRADE AND COMMERCE

Chapter 402

Effective - 28 Aug 2011   

  402.206.  First and third party trusts, account held and administered, how. — Each first party trust account and third party trust account shall be held and administered in trust as follows:

  (1)  The board of trustees shall hold, administer, and distribute the principal and income of the trust account, in the discretion of the trustee, in consultation with the co-trustee, for the health, education, and general well-being of the beneficiary, recognizing that the purpose of the trust account is to supplement, not replace, any government benefits for the beneficiary's basic support to which such beneficiary may be entitled;

  (2)  Expenditure of trust account funds shall be made solely for benefit of the beneficiary, to increase the quality of the beneficiary's life by providing those amenities that cannot otherwise be provided by public assistance or entitlements or other available sources.  Permissible expenditures include, but are not limited to, dental, medical, and diagnostic work or treatment that is not otherwise available from public benefits or assistance; private rehabilitative training; supplementary education aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the beneficiary; and expenditures to purchase personal property and services that will make life more comfortable and enjoyable for the beneficiary but that will not defeat his or her eligibility for public benefits or assistance.  The trustee, with consultation of the cotrustee, may make payments for a person to accompany the beneficiary on vacations and outings and for the transportation of the beneficiary or of friends and relatives of the beneficiary to visit the beneficiary;

  (3)  Expenditures of trust account funds shall not be made for the primary support or maintenance of the beneficiary, including basic food or shelter, if, as a result, the beneficiary would no longer be eligible to receive public benefits or assistance to which the beneficiary is then entitled;

  (4)  The cotrustee, with consent of the trustee, shall not less frequently than annually determine the amount of income or principal or income and principal which may be used to provide noncash benefits and the nature and type of benefits to be provided for the beneficiary.  Any net income which is not used shall be added to the principal annually;

  (5)  In the event that the trustee and the cotrustee shall be unable to agree either on:

  (a)  The amount of income or principal to be used;

  (b)  The benefits to be provided; or

  (c)  The administration of the trust account,

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then the cotrustee shall have the right to appeal the decision of the trustee in accordance with the rules and regulations established by the board.

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(L. 2011 S.B. 70)