1025.015.04.01 Special Needs Trusts, Supplemental Needs Trusts, and Pooled Trusts.
Special Needs Trusts (SNT) established under Section 1917(d) of the Social Security Act (42 U.S.C. 1396p(d)) are not counted as available resources to the individual provided the assets are held in the name of the trust. The assets of the individual may be used to establish the trust. Proceeds remaining upon the death of the individual will be claimed by MO HealthNet Division Estate Recovery, up to the amount expended for care for the individual. Proceeds remaining after distribution to MHD Estate Recovery will be distributed to residual beneficiaries in accordance with the terms of the Trust.
SNT include the following:
Trusts established by a parent, grandparent, guardian, representative payee or court for the benefit of an individual who is disabled, under age 65 and, using the individual’s own funds. (42 U.S.C. 1396p(d)(4)(A))
Trusts established by a disabled individual, parent, grandparent, guardian, representative payee or court for the disabled individual using the individual’s own funds, where the trust is made up of pooled funds (pooled special needs trusts) and managed by a non-profit organization for the sole benefit of each individual included in the trust. Pooled special needs trust co-mingle resources from individual disabled beneficiaries for investment but account for them separately. (42 U.S.C. 1396p(d)(4)(C)) Trusts established by the disabled individual, under age 65, on or after December 13, 2016. The 21st Century Cures Act Section 5007 allows individuals to establish their own special needs trusts and qualify for the exception to resources under Section 1917(d)(4)(A) of the Social Security act. This provision does not apply to trusts created prior to December 13, 2016.
Missouri Statutes, 1025.015.04 Trust Funds and Restricted Accounts.