2011 Iowa Code
TITLE XV JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 4 PROBATE — FIDUCIARIES
CHAPTER 634A SUPPLEMENTAL NEEDS TRUSTS FOR PERSONS WITH DISABILITIES
634A.1 Definitions.

634A.1 Definitions.

As used in this chapter, unless the context otherwise requires:

1. Person with a disability means a person to whom one of the following applies, prior to creation of a trust which otherwise qualifies as a supplemental needs trust for the person s benefit:

a. Is considered to be a person with a disability under the disability criteria specified in Title II or Title XVI of the federal Social Security Act.

b. Has a physical or mental illness or condition which, in the expected natural course of the illness or condition, to a reasonable degree of medical certainty, is expected to continue for a continuous period of twelve months or more and substantially impairs the person s ability to provide for the person s care or custody.

2. Supplemental needs trust means an inter vivos or testamentary trust created for the benefit of a person with a disability and funded by a person other than the trust beneficiary or the beneficiary s spouse, and which is declared to be a supplemental needs trust in the instrument creating the trust. Supplemental needs trust shall include, but is not limited to, a trust created for the benefit of a person with a disability and funded solely with moneys awarded as damages in a personal injury case or moneys received in the settlement of a personal injury case provided that the trust is created within six months of receiving the award or settlement, the trust is irrevocable, the beneficiary is not named a trustee of the trust, and the instrument creating the trust declares the trust to be a supplemental needs trust.

97 Acts, ch 112, §1