2005 Arizona Revised Statutes - Revised Statutes §14-7708  Liability for public support

Notwithstanding any provision in the trust instrument to the contrary, if a statute of this state makes the beneficiary liable for reimbursement of this state or a political subdivision of this state for public support furnished to the beneficiary or to the beneficiary's spouse or minor child, on petition by the appropriate entity, the court may do the following to the extent it determines is equitable and reasonable under the circumstances:

1. If the beneficiary has the right under the trust to compel the trustee to pay income or principal to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of the payments as they become due, presently or in the future.

2. Whether the beneficiary has the right under the trust to compel the trustee to pay income or principal to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of the future payments that the trustee, pursuant to the exercise of the trustee's discretion, determines to make to or for the benefit of the beneficiary.

3. If the beneficiary is a settlor or the spouse or minor child of the settlor and the beneficiary does not have the right under the trust to compel the trustee to pay income or principal to or for the benefit of the beneficiary and to the extent that the trustee has the right to make payments of income or principal to or for the beneficiary pursuant to the exercise of the trustee's discretion, order the trustee to satisfy all or part of the liability without regard to whether the trustee has then exercised or may thereafter exercise the discretion in favor of the beneficiary.