LibGuides: Special Needs Trusts by Timothy Davenport: Primary Sources

Applicable State Statutes

The 2013 Florida Statutes -Florida Trust Code
Main section for Trust Law
Trust Definitions
Effective: October 1, 2013
West's F.S.A. § 736.0103
736.0103. Definitions
736.0105. Default and mandatory rules
736.0107. Governing law
736.0108. Principal place of administration
FL ST § 732.402 Exempt Property
Special Needs Trusts are Property Exempt from Probate under the statute

Applicable Federal Trust Statutes

42 U.S. Code § 1396p - Liens, adjustments and recoveries, and transfers of assets
(4) This subsection shall not apply to any of the following trusts:
(A) A trust containing the assets of an individual under age 65 who is disabled (as defined in section 1382c (a)(3) of this title) and which is established for the benefit of such individual by a parent, grandparent, legal guardian of the individual, or a court if the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan under this subchapter.
(B) A trust established in a State for the benefit of an individual if—
(i) the trust is composed only of pension, Social Security, and other income to the individual (and accumulated income in the trust),
(ii) the State will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State plan under this subchapt

United States Code. 42 U.S.C. 1396a requires:

A State plan for medical assistance must . . . (17) . . . include reasonable
standards . . . for determining eligibility . . . which. . . (B) provide for
taking into account only such income and resources as are, as determined
in accordance with standards prescribed by the Secretary, available to the
beneficiary [and] . . . (C) provide for reasonable evaluation of any such
income or resources. . . .

Florida Case Law

Maxson v Dept of Children
trust corpus was not available to the applicant to determine Medicaid eligibility, despite trustee’s discretion to lend money to applicant’s estate.
R.I., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES,
Department was not required to pay any administrative fees or costs for the establishment of a special needs pooled trust for teenager
DEPARTMENT OF CHILDREN AND FAMILIES v. B.R., a minor child.
held that the trust corpus was not available to the applicant to determine Medicaid eligibility, despite trustee’s discretion to lend money to applicant’s estate.

Relevant Cases to Special Needs Trust Creation and Administration isn Florida