2005 Idaho Code - 68-1405 — SPECIAL NEEDS TRUSTS -- REQUIREMENTS -- JURISDICTION OF COURT -- COURT ORDERS

                                  TITLE  68
                            TRUSTS AND FIDUCIARIES
                                  CHAPTER 14
                     COURT APPROVED PAYMENTS OR AWARDS TO
                        MINORS OR INCOMPETENT PERSONS
    68-1405.  SPECIAL NEEDS TRUSTS -- REQUIREMENTS -- JURISDICTION OF COURT --
COURT ORDERS. (1) If a court orders that money of a minor or incompetent
person be paid to a special needs trust, the terms of the trust shall be
reviewed and approved by the court and shall satisfy the requirements of this
section. The trust shall be subject to the continuing jurisdiction of the
court, and is subject to court supervision to the extent determined by the
court. The court may transfer jurisdiction to the court in the county where
the minor or incompetent person resides.
    (2)  A special needs trust may be established and continued under this
section only if the court determines all of the following:
    (a)  That the minor or incompetent person has a disability that
    substantially impairs the individual's ability to provide for the
    individual's own care or custody and constitutes a substantial handicap;
    (b)  That the minor or incompetent person is likely to have special needs
    that will not be met without the trust; and
    (c)  That money to be paid to the trust does not exceed the amount that
    appears reasonably necessary to meet the special needs of the minor or
    incompetent person.
    (3)  If at any time it appears that:
    (a)  Any of the requirements of this section are not satisfied or the
    trustee refuses without good cause to make payments from the trust for the
    special needs of the beneficiary; and
    (b)  That the Idaho department of health and welfare or a county or city
    in this state has a claim against trust property, then the Idaho
    department of health and welfare, the county or the city may petition the
    court for an order terminating the trust.
    (4)  A court order for payment of money or property to a special needs
trust shall include a provision that all statutory liens properly perfected at
the time of the court's order, and in favor of the Idaho department of health
and welfare or any county or city of this state, shall be satisfied first.