What does Lawsmith draft for a supplemental needs trust?

A third-party, first-party or pooled trust that pays for extras without cutting SSI or Medicaid. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.

Where do the citations come from?

From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.

Is it reviewed by an attorney?

No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.

Five documents free, no card. After that, Professional is $499 a month for one attorney.

Supplemental Needs Trust for attorneys in 13 states, drafted from published statutes

What you get

An editable Word document, drafted from your answers and the state's published law.
A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The trust

Kind of trust

The people

Beneficiary with a disability
Beneficiary's age, disability and benefits
Who establishes the trust
Trustee and successors
Funding

Terms

Distribution standard
At the beneficiary's death
Court approval
Other instructions or open decisions

Where it is offered

Every state Lawsmith has sources for:

California Connecticut Delaware District of Columbia Florida Maryland Massachusetts New Jersey New York Ohio Pennsylvania Texas Virginia

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

State	Sources for this document
California	57
Connecticut	34
Delaware	33
District of Columbia	38
Florida	42
Maryland	45
Massachusetts	35
New Jersey	40
New York	39
Ohio	39
Pennsylvania	38
Texas	43
Virginia	47

Among them, for New Jersey:

N.J.S.A. 3B:12-1 Power of the court to order a protective arrangement.
N.J.S.A. 3B:12-2 Matters within a protective arrangement.
N.J.S.A. 3B:12-3 Factors to be considered before approving a protective arrangement.
N.J.S.A. 3B:12-57 Powers and duties of a guardian of the person of a ward.
N.J.S.A. 3B:31-18 Methods of creating trust.

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Cal. Prob. Code § 15800. Settlor holds beneficiary rights while the trust is revocable; trustee duties on incompetency statute
Trust Law text: while a trust is revocable and a person holding the power to revoke is competent, that person, not the beneficiaries, has the rights afforded beneficiaries and the trustee's duties run to that person,…
Cal. Prob. Code § 3602. Disposition of a minor's or disabled person's recovery; payment to a special needs trust statute
After court-approved expenses and fees, the balance of a minor's or disabled person's recovery goes to the guardian or conservator of the estate, or, on petition, to a blocked account or annuity, a custodian under the…
Cal. Prob. Code § 3605. Special needs trust: claims of state departments at death or termination statute
For special needs trusts under section 3604 established on or after January 1, 1993, limitation periods on claims of Health Care Services, State Hospitals, Developmental Services and counties are tolled while the trust…
Cal. Code Civ. Proc. § 372. Appearance of minors and incapacitated persons by guardian or guardian ad litem; court approval of settlements statute
A minor, a person lacking legal capacity, or a conservatee appears by a guardian or conservator of the estate or a guardian ad litem, who may compromise or settle claims and receive money only with court approval, with…
Cal. Prob. Code § 104. Community property held in a revocable trust is governed by the trust's death provisions statute
Probate Code text: notwithstanding section 100, community property held in a revocable trust described in Family Code section 761 is governed by the provisions, if any, in the trust for disposition at death.
Cal. Prob. Code § 15306. Reimbursement of public support from a trust; exception for a beneficiary with a disability statute
Notwithstanding the trust's terms, when a statute makes a beneficiary liable to reimburse the state or a local entity for public support, the court may order the trustee to satisfy the liability from mandatory payments,…
Cal. Prob. Code § 19513. Decanting to a special needs trust for a beneficiary with a disability statute
A special needs fiduciary may decant a first trust's principal to a second trust that is a special needs trust benefiting a beneficiary with a disability if doing so furthers the first trust's purposes;
Cal. Fam. Code § 761. Community property transferred to a revocable trust remains community property; power to revoke statute
Family Code text: unless the instrument expressly provides otherwise, community property transferred in trust remains community property during the marriage if the trust is revocable as to that property during the…
Cal. Prob. Code § 15205. Beneficiary required; ascertainable beneficiaries or a power to select statute
Trust Law text requiring a beneficiary for a non-charitable trust, satisfied by a beneficiary or class ascertainable with reasonable certainty or sufficiently described, or by a power granted to the trustee or another…
Cal. Prob. Code § 15301. Spendthrift provision as to principal; court order for principal due and payable statute
Trust Law text giving the same protection for a beneficiary's interest in principal under a spendthrift clause, subject to sections 15304 to 15307, and allowing a court, on a judgment creditor's petition under Code of…

Connecticut

Conn. Gen. Stat. § 17b-95. Claim of state on death of Medicaid beneficiary statute
Connecticut estate claim: on the death of a Medicaid beneficiary the state has a claim against the estate for unreimbursed Medicaid amounts that federal law requires it to recover, excluding to the extent federal law…
Conn. Gen. Stat. § 45a-499nn. Limitations on beneficiary's creditor to attach or compel distribution of property statute
Connecticut text limiting when a beneficiary's creditor may attach or compel a distribution, covering property subject to a lapsed or limited power of withdrawal and distributions limited to an ascertainable standard,…
Conn. Gen. Stat. § 45a-631. Limitation on receipt or use of minor's property by parent, guardian or spouse. Release statute
A parent, guardian of the person or spouse of a minor may not receive or use the minor's property exceeding ten thousand dollars in value unless appointed guardian of the estate, and a release by both parents or the…
Conn. Gen. Stat. § 17b-261. Medicaid eligibility; assets; trusts; transfers statute
Connecticut Medicaid eligibility statute. Subsection (a) bars an institutionalized individual who disposed of property for less than fair market value to establish eligibility, treats such dispositions under 42 USC…
Conn. Gen. Stat. § 17b-93. Claim of state for repayment of aid required to be covered under federal law statute
Connecticut limit on state recovery: on and after July 1, 2022, the state may not recover properly paid cash or medical assistance, by lien or by claim against property or an estate, unless federal law or this section…
Conn. Gen. Stat. § 45a-499oo. Revocation or amendment of revocable trust statute
Connecticut text on revocation and amendment: unless the terms expressly make the trust irrevocable the settlor may revoke or amend it, but that presumption does not apply to instruments executed before January 1, 2020;
Conn. Gen. Stat. § 45a-499qq. Limitation on action contesting validity of revocable trust; distribution of trust property statute
Connecticut text on contests after death: a proceeding to contest a trust that was revocable at the settlor's death must be brought within the earlier of one year after death or one hundred twenty days after the trustee…
Conn. Gen. Stat. § 45a-499pp. Settlor's powers; powers of withdrawal statute
Connecticut text on the settlor's powers while the trust is revocable: the trustee may follow the settlor's direction even if contrary to the terms, and while the settlor has capacity to revoke, the beneficiaries'…
Conn. Gen. Stat. § 45a-545m. Trust for beneficiary with disability statute
Connecticut decanting rule for a trust with a beneficiary with a disability: a special-needs fiduciary may decant principal to a special-needs trust for that beneficiary as if holding expanded distributive discretion,…
Conn. Gen. Stat. § 45a-499aaa. Duty to administer trust statute
Connecticut text requiring the trustee, on acceptance, to administer the trust in good faith, in accordance with its terms and purposes, the settlor's intent and the beneficiaries' interests, and in accordance with the…

Delaware

12 Del. C. § 3315. Trustee's exercise of discretion; review by court; discretionary interests statute
Delaware text that a beneficiary eligible for distributions in a fiduciary's discretion, even under an ascertainable standard, has a discretionary interest that is a mere expectancy and not a property right, may not…
12 Del. C. § 3528. Trustee's authority to invade principal or income in trust (decanting) statute
Delaware decanting statute: unless the trust terms expressly provide otherwise, a trustee with authority to invade principal or income of an irrevocable trust may instead appoint all or part of it to a second trust…
12 Del. C. § 3303. Effect of provisions of instrument statute
Delaware text: the governing instrument may expand, restrict, eliminate or vary the laws of general application to fiduciaries and trusts, including beneficiaries' rights to information for a period, removal grounds,…
12 Del. C. § 3536. Rights of creditors and assignees of beneficiary of trust statute
Delaware spendthrift text: except as subsections (c) and (d) provide, a beneficiary's creditor has only the rights the instrument or Delaware law expressly grants, and any interest not so subject is exempt from…
12 Del. C. § 3332. Governing law; change of situs statute
Delaware text: a change of the place of administration to Delaware does not change a trust's duration or vesting, and Delaware law governs administration while the trust is administered in Delaware notwithstanding a…
12 Del. C. § 3342. Modification of trust by consent while trustor is living statute
Delaware text allowing an irrevocable trust, unless the instrument expressly forbids it, to be modified by written consent or nonobjection of all trustors, serving fiduciaries and interested beneficiaries while the…
12 Del. C. § 3585. Limitation of action against trustee following trustee's report statute
Delaware text: a claim against a trustee may be brought until the first to occur of one year after the person was sent a report adequately disclosing the facts, or 120 days after a report from a resigning or removed…
12 Del. C. § 3591. Certification of trust statute
Delaware text on the certification of trust: in place of the instrument the trustee may provide a certification of the trust's existence and execution date, the trustors and acting trustees, the trustee's powers,…
12 Del. C. § 3901. Appointment of guardians for persons with disabilities statute
Delaware guardianship statute: the Court of Chancery may appoint a guardian of the person or property, or both, of a person with a disability, meaning one who by reason of mental or physical incapacity is unable…
12 Del. C. § 3926. Exercise of rights belonging to a person with a disability statute
No person dealing with the receiver of a minor or the guardian of a person with a disability may rely on that receiver's or guardian's authority to release claims, settle tort claims or convey real property without…

District of Columbia

D.C. Code § 19-1305.03. Exceptions to spendthrift provision statute
Whether or not a trust has a spendthrift provision, a beneficiary's child with a support judgment may attach distributions when payable, and a spendthrift provision is unenforceable against a claim of the District or…
D.C. Code § 19-1306.02. Revocation or amendment of revocable trust. statute
D.C. text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after March 10, 2004), with rules for multiple…
D.C. Code § 19-1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property. statute
D.C. text on the time to contest a trust that was revocable at the settlor's death (the earliest of one year after death, 90 days after the trustee's notice with the instrument, or six months after published notice as…
D.C. Code § 19-1911. Decanting power under expanded distributive discretion statute
Subject to §§ 19-1913 and 19-1914, a fiduciary with expanded distributive discretion over a first trust's principal may decant it, but the second trust may not add current beneficiaries, add remainder or successor…
D.C. Code § 19-1305.02. Spendthrift provision. statute
D.C. text on spendthrift provisions: valid only if it restrains both voluntary and involuntary transfer, the words "spendthrift trust" or similar are sufficient, and a beneficiary may not transfer an interest in…
D.C. Code § 19-1306.01. Capacity of settlor of revocable trust. statute
D.C. text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.
D.C. Code § 19-1306.03. Settlor's powers; powers of withdrawal. statute
D.C. text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, that a beneficiary may enforce the settlor's…
D.C. Code § 19-1913. Trust for beneficiary with disability statute
A special-needs fiduciary (a trustee or fiduciary other than the settlor with distribution authority) may decant principal to a special-needs trust for a beneficiary the fiduciary believes may qualify for governmental…
D.C. Code § 19-1301.03. Definitions. statute
Definitions for the D.C. Uniform Trust Code, including "beneficiary", "qualified beneficiary", "revocable", "settlor" and "trust instrument". Read the complete section before relying on any defined term.
D.C. Code § 19-1301.07. Governing law. statute
D.C. text on governing law: the meaning and effect of trust terms follow the law designated in the terms unless contrary to a strong public policy of the jurisdiction with the most significant relationship, and…

Florida

Fla. Stat. § 744.441. Powers of guardian upon court approval statute
After court approval, a guardian of the property may take the listed actions, including exercising powers of appointment the ward held, making gifts to family members in estate and income tax planning, and creating or…
Fla. Stat. § 736.04117. Trustee's power to invade principal in trust statute
Florida's decanting statute lets an authorized trustee with power to invade principal appoint it to a second trust on the conditions and notice the section sets, and includes a specific rule letting a trustee with power…
Fla. Stat. § 736.0503. Exceptions to spendthrift provision statute
A spendthrift provision is unenforceable against a beneficiary's child, spouse or former spouse holding a support or maintenance judgment, a judgment creditor who protected the beneficiary's trust interest, and a claim…
Fla. Stat. § 736.0602. Revocation or amendment of revocable trust. statute
Florida text on revocation and amendment: unless the terms expressly provide the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after the code's effective date);
Fla. Stat. § 732.4017. Inter vivos transfer of homestead property statute
A lifetime transfer of homestead property, including to a trust, is effective as the section provides and is not a devise. One of the planning routes around the section 732.4015 restriction;
Fla. Stat. § 736.0502. Spendthrift provision. statute
Florida text on spendthrift provisions: valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, a term that the interest is held subject to a spendthrift trust is sufficient, and…
Fla. Stat. § 736.0504. Discretionary trusts; effect of standard statute
Whether or not a trust has a spendthrift provision, a creditor of a beneficiary of discretionary distributions, including a support creditor under s.
Fla. Stat. § 736.05053. Trustee's duty to pay expenses and obligations of settlor's estate. statute
Florida text requiring the trustee of a trust described in section 733.707(3) to pay the settlor's personal representative the amounts certified as required for expenses of administration and obligations of the estate,…
Fla. Stat. § 736.0601. Capacity of settlor of revocable trust. statute
Florida text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct the trustee of a revocable trust, is the same as that required to make a will.
Fla. Stat. § 736.0603. Settlor's powers; powers of withdrawal. statute
Florida text stating that while a trust is revocable the trustee's duties are owed exclusively to the settlor, that a holder of a power of withdrawal has a settlor's rights to the extent of the property subject to the…

Maryland

Md. Code, Estates and Trusts § 14.5-505. Exceptions to spendthrift and support provisions statute
Subject to § 14.5-502, a spendthrift or support interest can be reached by a child, spouse or former spouse with a support order, a judgment creditor who protected the beneficiary's interest, or a claim of Maryland or…
Md. Code, Estates and Trusts § 14-608. Decanting power under expanded distributive discretion statute
Except as § 14-610 provides for beneficiaries with disabilities, a fiduciary with expanded distributive discretion over the principal of a first trust may decant that principal, but the second trust may not add current…
Md. Code, Estates and Trusts § 14.5-502. Discretionary distribution provisions; creditor's rights statute
A beneficiary has no property right in an interest subject to a discretionary distribution provision, which may not be foreclosed, attached or transferred;
Md. Code, Estates and Trusts § 14.5-602. Revocation or amendment of revocable trust statute
Maryland text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after January 1, 2015), with rules for…
COMAR 10.09.24.08-2. Treatment of Trust Amounts regulation
COMAR text. For trusts established after August 10, 1993 with the individual's assets (by the individual, spouse, or a person or court acting for them, other than by will), regardless of purpose, discretion or…
Md. Code, Estates and Trusts § 13-101. Definitions (protective proceedings and guardianship) statute
Text of the definitions for Title 13: a disabled person is an adult judged unable to manage property for reasons in § 13-201(c)(1) and in need of a guardian of the property, or judged unable to provide for daily needs…
Md. Code, Estates and Trusts § 13-204. Protective arrangements and single transactions without appointment of guardian statute
Where a basis exists under § 13-201, the circuit court may, without appointing a guardian, authorize or direct a transaction concerning the property, service or care arrangement of a minor or disabled person, including…
Md. Code, Estates and Trusts § 14-610. Decanting to trust for beneficiary with disability statute
A special needs fiduciary may decant principal to a special needs trust for a beneficiary the fiduciary reasonably believes qualifies for governmental benefits based on disability, as if it had expanded discretion, if…
Md. Code, Estates and Trusts § 14.5-412. Termination of small trust by trustee statute
A trustee may terminate a trust worth $100,000 or less as of its last anniversary without a court order after at least 90 days' notice (personally delivered or by certified mail) to cotrustees and qualified…
Md. Code, Estates and Trusts § 14.5-504. Spendthrift provision statute
Maryland text stating that a spendthrift provision is valid and enforceable, that the words "spendthrift trust" or similar restrain both voluntary and involuntary transfer, and that a beneficial interest subject to such…

Massachusetts

Mass. Gen. Laws ch. 203E, § 602. Revocation or amendment of revocable trust statute
Massachusetts text: unless the terms expressly make the trust irrevocable the settlor may revoke or amend it;
Mass. Gen. Laws ch. 203E, § 604. Limitation on action contesting validity of revocable trust; distribution of trust property statute
Massachusetts text: a contest of a trust that was revocable at the settlor's death must be commenced within the earlier of one year after death or 60 days after the trustee sent the person a copy of the instrument with…
Mass. Gen. Laws ch. 118E, § 22. Third party payments; repayment; assignment; subrogation statute
Massachusetts third-party recovery statute: a claimant who receives payment from a liability or workers' compensation insurer or other third party must repay the medical assistance provided from amounts allocated to…
Mass. Gen. Laws ch. 203E, § 502. Spendthrift provision statute
Massachusetts text: a spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, a term that the interest is held subject to a spendthrift trust is…
Mass. Gen. Laws ch. 203E, § 603. Settlor's powers; powers of withdrawal statute
Massachusetts text: while a trust is revocable and the settlor has capacity to revoke it, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, and…
Mass. Gen. Laws ch. 203E, § 814. Discretionary powers; tax savings statute
Massachusetts rule that even broad discretion must be exercised in good faith and in accordance with the trust's terms and purposes and the beneficiaries' interests, that a beneficiary-trustee other than the settlor may…
Mass. Gen. Laws ch. 231, § 140C1/2. Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval statute
Massachusetts text on court approval of a minor's or incompetent person's personal-injury settlement: the trial court may review and approve such a settlement in any case before it where a party has filed a petition for…
Mass. Gen. Laws ch. 118E, § 28. Disposal of resources at less than fair market value; transfers for sole benefit of individual age 65 or older statute
Massachusetts transfer statute: the division imposes a period of ineligibility, consistent with Title XIX, on an institutionalized individual who, or whose spouse, disposes of resources for less than fair market value,…
Mass. Gen. Laws ch. 190B, § 5-407. Findings; order of appointment; permissible court orders statute
Massachusetts conservatorship findings: the court encourages maximum self-reliance and may appoint a conservator only on findings including a qualified petitioner, proper venue and notice, a medical certificate based on…
Mass. Gen. Laws ch. 203E, § 1013. Certification of trust statute
Massachusetts text on the certification of trust: instead of the instrument the trustee may furnish a certification of the trust's existence and execution date, the settlor, the acting trustee and address, the trustee's…

New Jersey

N.J.S.A. 3B:12-57 Powers and duties of a guardian of the person of a ward. statute
A guardian of the person acts only to the extent adjudicated, with due regard to the ward's known preferences, and, consistent with the court's order, establishes the ward's abode, visits at least every three months or…
N.J.S.A. 3B:31-43 Revocation or amendment of revocable trust. statute
Unless the terms expressly provide that the trust is irrevocable, or clear and convincing evidence proves the settlor intended it to be irrevocable, the settlor may revoke or amend the trust, and subsection a.
N.J.S.A. 3B:31-45 Limitation on action contesting validity of revocable trust; distribution of trust property. statute
A proceeding to contest a trust that was revocable at the settlor's death must begin within the earlier of three years after the death or four months for a resident, six months for a nonresident, after the trustee sends…
N.J.S.A. 3B:4-2 Devise to trustee of trust created other than by testator's will. statute
New Jersey Testamentary Additions to Trusts Law text: a will may validly devise property to the trustee of a trust established, or to be established, during the testator's lifetime by the testator or another person,…
New Jersey DMAHS Medicaid Communication No. 26-04: daily transfer-penalty divisor effective April 1, 2026 guidance
The April 6, 2026 communication directs use of a $420.67 daily divisor for cases received on or after April 1, 2026 and recalculation of pending cases using the former $402.74 divisor;
N.J.S.A. 30:4D-6 Medical assistance for qualified applicants. statute
Lists covered services and, in subsection f., makes void any provision in an insurance contract, health benefits plan, will, trust, agreement, court order or similar document that reduces or excludes coverage or payment…
N.J.S.A. 3B:11-36 Findings, declarations regarding special needs trusts. statute
The Legislature found it in the public interest to encourage setting aside amounts to supplement government assistance for persons with severe chronic disabilities, noted that 42 U.S.C.
N.J.S.A. 3B:11-37 Establishing an OBRA '93 trust. statute
An OBRA '93 trust is a trust under 42 U.S.C. 1396p(d)(4)(A) or an account in a pooled trust under (d)(4)(C); on request of an interested party a court may establish one for a person disabled under 42 U.S.C.
N.J.S.A. 3B:12-1 Power of the court to order a protective arrangement. statute
Where an incapacitated or alleged incapacitated person's property may be wasted or dissipated, or funds are needed for the person's support and care, the court may, subject to appointment of a guardian ad litem and…
N.J.S.A. 3B:31-36 Spendthrift provision. statute
A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest;

New York

N.Y. Estates, Powers and Trusts Law § 10-6.6. Exercise of a power of appointment; trustee's authority to invade principal in trust. statute
Text of New York's decanting statute. An authorized trustee with unlimited discretion to invade principal may appoint principal to a new trust for one or more current beneficiaries of the invaded trust;
N.Y. Estates, Powers and Trusts Law § 3-3.7. Testamentary disposition to trustee under, or in accordance with terms of existing inter vivos trust. statute
Pour-over text: a testator may by will dispose of or appoint all or part of the estate to the trustee of a trust whose terms are evidenced by a written instrument, whether or not assets were transferred before death,…
N.Y. Estates, Powers and Trusts Law § 7-1.12. Supplemental needs trusts established for persons with severe and chronic or persistent disabilities. statute
Text of New York's supplemental needs trust statute. A supplemental needs trust is a discretionary trust for a person with a severe and chronic or persistent disability whose terms clearly show the creator's intent to…
N.Y. Estates, Powers and Trusts Law § 7-1.10. Provision by non-domiciliary creator as to law to govern trust. statute
Text on a governing-law clause: where a person not domiciled in New York creates a trust that provides it shall be governed by New York law, the provision is given effect for the validity, effect and interpretation of…
N.Y. Estates, Powers and Trusts Law § 7-1.15. What property may be disposed of by lifetime trust. statute
Text in one sentence: every estate in property may be disposed of by lifetime trust. Read section 7-1.18 on how assets are transferred into the trust, since the trust is valid only as to assets actually transferred.
N.Y. Estates, Powers and Trusts Law § 7-1.16. Revocation of lifetime trust by will. statute
A lifetime trust is irrevocable unless it expressly provides that it is revocable;
N.Y. Estates, Powers and Trusts Law § 7-1.17. Execution, amendment and revocation of lifetime trusts. statute
Text of the execution formality: every lifetime trust must be in writing, executed and acknowledged by the person establishing it and, unless that person is the sole trustee, by at least one trustee, in the manner…
N.Y. Estates, Powers and Trusts Law § 7-1.18. Funding of lifetime trust. statute
Text on funding: a lifetime trust is valid as to any assets only to the extent they have been transferred to it; a recital of assignment, holding or receipt in the instrument is not a transfer;
N.Y. Estates, Powers and Trusts Law § 7-1.5. When trust interest inalienable; exception. statute
Text of the statutory spendthrift rule: a beneficiary's interest may be assigned or transferred, except that the right to receive income from property and apply it to the use of or pay it to any person may not be…
N.Y. Estates, Powers and Trusts Law § 7-2.4. Act of trustee in contravention of trust. statute

Ohio

Ohio Rev. Code § 5808.18. Trustee's power to make distributions in further trust statute
Ohio's decanting statute: unless the trust says otherwise, a trustee with absolute power to distribute principal to current beneficiaries may distribute principal, and undistributed income, to a second trust for one or…
Ohio Rev. Code § 2107.63. Real or personal property devised, bequeathed or appointed to trustee of existing trust statute
A testator may devise or appoint property to the trustee of a trust already in existence, which is Ohio's pour-over provision. Name the trust by its exact name and date so the gift is identifiable.
Ohio Rev. Code § 5163.21. Eligibility determinations for cases involving medicaid programs (trusts) statute
The statute behind Ohio's Medicaid trust rule, applying to initial eligibility determinations and their appeals: an applicant or recipient who is a trust beneficiary must submit a complete copy of the trust with all…
Ohio Rev. Code § 5801.04. Trustee powers, duties, and relations - beneficiaries' rights. statute
Ohio text stating that the terms of a trust prevail over the Trust Code except for the listed mandatory rules, which include the requirements for creating a trust, the trustee's duty to act in good faith, the…
Ohio Rev. Code § 5805.03. Creditors of discretionary trust beneficiary may not reach interest statute
No creditor or assignee of a beneficiary of a wholly discretionary trust may reach the beneficiary's interest or an undistributed distribution by attachment, judicial sale, an order compelling distributions or any other…
Ohio Rev. Code § 5806.02. Revocation or amendment of trust. statute
Ohio text on revocation and amendment: unless the terms expressly provide the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after January 1, 2007);
Ohio Rev. Code § 5810.13. Certification of trust furnished to person not beneficiary. statute
Ohio text on the certification of trust a trustee may furnish instead of the instrument: it lists the required contents (existence and date of the trust, settlor, acting trustee, trustee powers, revocability and who may…
Ohio Adm. Code 5160:1-6-06. Medicaid: transfer of assets regulation
A transfer for less than fair market value by an institutionalized individual or spouse on or after the look-back date, sixty months before the baseline date, is presumed improper and produces a restricted Medicaid…
Ohio Adm. Code 5160:1-6-06.2. Medicaid: treatment of transfers involving a trust regulation
Applies to revocable or irrevocable trusts holding the institutionalized individual's or spouse's assets established (other than by will) on or after the look-back date by the individual, spouse or anyone acting for…
Ohio Rev. Code § 2111.50. Probate court is superior guardian of wards statute
Makes the probate court the superior guardian of wards, limits a guardian to the authority granted by statute, case law and court order, and gives the court, and through it the guardian, the ward's powers except to make…

Pennsylvania

55 Pa. Code § 178.7. Treatment of trust amounts for all categories of MA for trusts established on or after July 30, 1994. regulation
Regulation text: applies to trusts (other than by will) formed with the individual's assets by the individual, the spouse, or a person or court acting for or at their request, without regard to purpose, trustee…
20 Pa.C.S. § 7743. Exceptions to spendthrift provision - UTC 503. statute
A spendthrift provision is unenforceable against a beneficiary's child with a support judgment or order (as to income and principal), any other person with a support judgment or order (as to income), a judgment creditor…
20 Pa.C.S. § 7752. Revocation or amendment of revocable trust - UTC 602. statute
The settlor may revoke or amend a trust unless the terms expressly provide that it is irrevocable;
20 Pa.C.S. § 7753. Trustee's duties; powers of withdrawal - UTC 603. statute
Regardless of the settlor's legal capacity, while a trust is revocable the rights of the beneficiaries are subject to the control of, and the trustee's duties are owed exclusively to, the settlor;
55 Pa. Code § 178.104. Disposition of assets and fair consideration provisions for transfers on or after July 30, 1994. regulation
Regulation text: an institutionalized individual (or HCBS waiver recipient) who, or whose spouse, disposes of assets for less than fair market value on or after the look-back date is ineligible for nursing facility care…
231 Pa. Code Rule 2064. Compromise, Settlement, Discontinuance and Distribution (incapacitated persons as parties). court rule
Rule text: no action to which an incapacitated person is a party may be compromised, settled or discontinued except after court approval on a petition by any party in interest;
20 Pa.C.S. § 7742. Spendthrift provision - UTC 502. statute
A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest;
20 Pa.C.S. § 7744. Discretionary trusts; effect of standard - UTC 504. statute
Except as subsection (c) provides, whether or not a trust has a spendthrift provision, a creditor of a beneficiary may not compel a distribution subject to the trustee's discretion, even if the discretion is expressed…
20 Pa.C.S. § 7751. Capacity of settlor of revocable trust - UTC 601. statute
The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the same as that required to make a will.
231 Pa. Code Rule 2039. Compromise, Settlement, Discontinuance and Distribution (minors as parties). court rule
Rule text: no action to which a minor is a party may be compromised, settled or discontinued except after court approval on a petition by the minor's guardian;

Texas

Texas MEPD Handbook Appendix XXXVII. Master Pooled Trust and Medicaid Eligibility Information guidance
HHSC guidance on the 42 U.S.C. 1396p(d)(4)(C) pooled trust (such as the Arc of Texas Master Pooled Trust): a nonprofit maintains a separate subaccount for each disabled beneficiary, established by the individual,…
Texas MEPD Handbook F-6700. Exception Trusts (special needs and pooled trusts) guidance
Recognizes the 42 U.S.C. 1396p(d)(4)(A) special needs trust for a person under 65 meeting SSI disability criteria, established by a parent, grandparent, legal guardian, court or (from Dec.
Tex. Est. Code § 1301.202. Transfer to pooled trust subaccount statute
Lets the court transfer all property of a management trust to a chapter 1302 pooled trust subaccount when in the person's best interests, treats the transfer as a continuation of the management trust and not a new trust…
Tex. Prop. Code § 111.0035. Default and mandatory rules; conflict between terms and statute. statute
Texas text stating that the terms of a trust prevail over the Trust Code except for the listed matters the terms may not limit, including section 112.031, the exculpation limits of section 114.007, limitation periods,…
Tex. Prop. Code § 112.051. Revocation, modification, or amendment by settlor. statute
Texas text stating that a settlor may revoke the trust unless it is irrevocable by the express terms of the creating or a modifying instrument, may modify or amend a revocable trust but may not enlarge the trustee's…
Texas MEPD Handbook I-3200. Transfer of Other Assets and the Home guidance
Lists transfers of any asset, including the home, that carry no penalty under pre- and post-DRA policy: to or for the sole benefit of a spouse; to a child disabled under SSA criteria or a trust solely for that child;
Tex. Est. Code § 1302.004. Establishment of subaccount (pooled trust) statute
Tex. Est. Code § 1302.005. Terms of subaccount (pooled trust) statute
Unless the court orders otherwise, a court-ordered pooled trust subaccount terminates at the earliest of the beneficiary's 18th birthday (if a nondisabled minor when established), death, or court order, and on…
Tex. Prop. Code § 112.006. Additions to trust property. statute
Texas text stating that property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust or the property is unacceptable to the trustee.
Tex. Prop. Code § 112.033. Reservation of interests and powers by settlor. statute
Texas text stating that a lifetime trust creating an interest in another beneficiary is not invalid as an attempted testamentary disposition merely because the settlor reserves a beneficial life interest, the power to…

Virginia

Va. Code § 64.2-1622 Authority that requires specific grant; grant of general authority statute
Eight acts are unavailable unless the power of attorney expressly grants them and no other statute, agreement, or instrument bars them: creating, amending, revoking, or terminating an inter vivos trust; making a gift;
Virginia Code § 8.01-424. Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties statute
Virginia text giving the court power to approve and confirm a compromise on behalf of a party under a disability (including a minor), binding the party except for fraud, and setting a petition procedure where no suit is…
Virginia Code § 64.2-744. Exceptions to spendthrift provision statute
A spendthrift provision does not bar a beneficiary's child with a support judgment or a judgment creditor who provided services protecting the beneficiary's interest from attaching distributions, and, subject to §…
Virginia Code § 64.2-751. Revocation or amendment of revocable trust. statute
Virginia text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it, with rules for trusts with more than one settlor, revocation by substantial…
Virginia Code § 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property. statute
Virginia text on the time to contest a trust that was revocable at the settlor's death (the earlier of two years after death or six months after the trustee's notice with a copy of the instrument) and on the trustee's…
Virginia Code § 64.2-777. General powers of trustee statute
Virginia text: without court authorization a trustee may exercise the powers conferred by the terms of the trust and, except as the terms limit them, all powers over trust property that an unmarried competent owner has…
Virginia Code § 64.2-779.8. Decanting power under expanded distributive discretion statute
A fiduciary with expanded distributive discretion over a first trust may decant its income or principal to a second trust, but the second trust may not add current beneficiaries, add remainder or successor beneficiaries…
Virginia Medical Assistance Eligibility Manual, Chapter M14 Long-Term Care (Department of Medical Assistance Services) guidance
Official DMAS eligibility manual chapter on long-term care (about 720,000 characters, so held as a reference).
Virginia Code § 64.2-743. Spendthrift provision. statute
Virginia text on spendthrift provisions: a provision is valid only if it restrains both voluntary and involuntary transfer, the words "spendthrift trust" or similar are sufficient, and a beneficiary may not transfer an…
Virginia Code § 64.2-746. Discretionary trusts; effect of standard statute
Except for a child's support claim where the trustee failed to follow a standard or abused discretion, and subject to § 64.2-745, a creditor may not compel a discretionary distribution even if the discretion is…

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What does Lawsmith draft for a supplemental needs trust?: A third-party, first-party or pooled trust that pays for extras without cutting SSI or Medicaid. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.
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