Section 402.205

Title XXVI TRADE AND COMMERCE

Chapter 402

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  402.205.  Trust, who may participate — trust benefits not to affect state benefits — classification of assets of board — tax exemption. — 1. The families, friends and guardians of persons who have a disability or are eligible for services provided by the department of mental health, or both, may participate in a trust which may supplement the care, support, and treatment of such persons pursuant to the provisions of sections 402.199 to 402.220. Neither the contribution to the trust for the benefit of a life beneficiary nor the use of trust income to provide benefits shall in any way reduce, impair or diminish the benefits to which such person is otherwise entitled by law; and the administration of the trust shall not be taken into consideration in appropriations for the department of mental health to render services required by law.

  2. Unless otherwise prohibited by federal statutes or regulations, all state agencies shall disregard the trust as a resource when determining eligibility of Missouri residents for assistance under chapter 208.

  3. The assets of the board of trustees and assets held in trust pursuant to the provisions of sections 402.199 to 402.220 shall not be considered state money, assets of the state or revenue for any purposes of the state constitution or statutes. The property of the board of trustees and its income and operations shall be exempt from all taxation by the state or any of its political subdivisions.

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(L. 1989 H.B. 318 § 2, A.L. 1991 S.B. 311, A.L. 1999 S.B. 211, A.L. 2004 H.B. 923)