Kentucky Statutes 387.860 – Definitions for KRS 387.855 to 387.910
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The following definitions apply with respect to KRS § 387.855 to KRS § 387.910:
(1) “Special needs person” means a person who, by reason of his or her disability, qualifies as a disabled individual under 42 U.S.C. § 1396p and whose disability is the basis for the exemption from Medicaid or Supplemental Security Income (SSI) transfer penalties, or both, either as an individual or as a special needs trust beneficiary under 42 U.S.C. § 1396p;
(2) “Grantor” means an individual who is expressly empowered under 42 U.S.C. § 1396p, or this chapter, to establish a special needs trust for a special needs person, and thus qualifies as a grantor. Further, any individual with standing to petition the court under KRS § 387.865 may also serve as a grantor of a special needs trust;
(3) “Special needs trust” means a trust described in 42 U.S.C. § 1396p(d)(4)(A) or (C) which may receive assets of a special needs person or another person on behalf of the special needs person;
(4) “The court,” for the purposes of KRS § 387.855 to KRS § 387.910, means:
(a) Where the special needs person has acquired, or will be acquiring, assets which are the subject of any judicial proceedings, the court where such proceedings had been brought, or where such proceedings are pending; and
(b) In all other cases, in the District Court in the county where the special needs person resides; and
(5) “Interested parties,” for the purposes of this chapter, means:
(a) Any individual who would have standing to petition the court for appointment as a legal guardian or conservator under this chapter;
(b) Any fiduciary of the special needs person, including but not limited to his or her legal guardian, conservator, attorney-in-fact, or trustee whether corporate or individual;
(c) If the special needs person is a ward of the state, the Protection and
Advocacy Division of the Department of Public Advocacy; and
(d) If there is, or is believed to be, a Medicare or Medicaid lien, or subrogation rights with respect to the special needs person which have not been fully satisfied or discharged at the time the petition is filed, then the appropriate agency or other holder of such rights or claims.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 167, sec. 16, effective June 29, 2017. — Created 2012 Ky. Acts ch. 59, sec. 9, effective July 12, 2012.
Legislative Research Commission Note (7/12/2012). In subsection (4) of this statute, the Reviser of Statutes has inserted the phrase “KRS § 387.855 to
387.910″ in place of a reference to a single statute. In subsection (4) of 2012 Ky. Acts ch. 59, sec. 9, the term “the court” is defined “for the purposes of Section 8 of this Act,” but the term does not appear in Section 8, and it is clear from the context that the definition is intended to apply to the entire range of statutes. This manifest clerical or typographical error has been corrected under KRS
7.136(1).
(1) “Special needs person” means a person who, by reason of his or her disability, qualifies as a disabled individual under 42 U.S.C. § 1396p and whose disability is the basis for the exemption from Medicaid or Supplemental Security Income (SSI) transfer penalties, or both, either as an individual or as a special needs trust beneficiary under 42 U.S.C. § 1396p;
Terms Used In Kentucky Statutes 387.860
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Grantor: The person who establishes a trust and places property into it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lien: A claim against real or personal property in satisfaction of a debt.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
(2) “Grantor” means an individual who is expressly empowered under 42 U.S.C. § 1396p, or this chapter, to establish a special needs trust for a special needs person, and thus qualifies as a grantor. Further, any individual with standing to petition the court under KRS § 387.865 may also serve as a grantor of a special needs trust;
(3) “Special needs trust” means a trust described in 42 U.S.C. § 1396p(d)(4)(A) or (C) which may receive assets of a special needs person or another person on behalf of the special needs person;
(4) “The court,” for the purposes of KRS § 387.855 to KRS § 387.910, means:
(a) Where the special needs person has acquired, or will be acquiring, assets which are the subject of any judicial proceedings, the court where such proceedings had been brought, or where such proceedings are pending; and
(b) In all other cases, in the District Court in the county where the special needs person resides; and
(5) “Interested parties,” for the purposes of this chapter, means:
(a) Any individual who would have standing to petition the court for appointment as a legal guardian or conservator under this chapter;
(b) Any fiduciary of the special needs person, including but not limited to his or her legal guardian, conservator, attorney-in-fact, or trustee whether corporate or individual;
(c) If the special needs person is a ward of the state, the Protection and
Advocacy Division of the Department of Public Advocacy; and
(d) If there is, or is believed to be, a Medicare or Medicaid lien, or subrogation rights with respect to the special needs person which have not been fully satisfied or discharged at the time the petition is filed, then the appropriate agency or other holder of such rights or claims.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 167, sec. 16, effective June 29, 2017. — Created 2012 Ky. Acts ch. 59, sec. 9, effective July 12, 2012.
Legislative Research Commission Note (7/12/2012). In subsection (4) of this statute, the Reviser of Statutes has inserted the phrase “KRS § 387.855 to
387.910″ in place of a reference to a single statute. In subsection (4) of 2012 Ky. Acts ch. 59, sec. 9, the term “the court” is defined “for the purposes of Section 8 of this Act,” but the term does not appear in Section 8, and it is clear from the context that the definition is intended to apply to the entire range of statutes. This manifest clerical or typographical error has been corrected under KRS
7.136(1).