Colorado § 15-14-412.6 - Trust established by an individual - eligibility for certain public assistance programs - general provisions.

§ 15-14-412.6. Trust established by an individual - eligibility for certain public assistance programs - general provisions.

(1) For purposes of this section and sections 15-14-412.7 to 15-14-412.9, unless the context otherwise requires the following definitions apply:

(a) "Asset" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (e), as amended.

(b) "Income" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (e), as amended.

(c) "Public assistance" means public assistance as provided by article 2 of title 26, C.R.S., and medical assistance as provided by articles 4, 5, and 6 of title 25.5, C.R.S.

(d) "Resources" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (e), as amended.

(e) "Trust established by an individual" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (d)(2), as amended.

(2) Notwithstanding any statutory provision to the contrary, a court shall not authorize, direct, or ratify any trust established by an individual that has the effect of qualifying or purports to qualify the trust beneficiary for public assistance unless the trust meets the criteria set forth in this section, sections 15-14-412.7 to 15-14-412.9, and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.

(3) The court shall not authorize, direct, or ratify the transfer of any assets owned by a protected person if the transfer has the effect of qualifying or purports to qualify the protected person for public assistance unless the assets are transferred to a trust that meets the criteria set forth in this section, sections 15-14-412.7 to 15-14-412.9, and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.

Source: L. 2000: Entire part R&RE, p. 1811, § 1, effective January 1, 2001 (see § 15-17-103). L. 2006: (1)(c), (2), and (3) amended, p. 2002, § 51, effective July 1.

Editor's note: This section is similar to former § 15-14-409.6 as it existed prior to 2001.

ANNOTATION

The court erred in attempting to shield the assets of the trust for the purpose of determining Medicaid eligibility because subsection (2) prohibits any trust that has been "established by an individual that has the effect of qualifying or purports to qualify the trust beneficiary for public assistance," and this section does not except from this prohibition elective-share trusts created pursuant to § 15-11-206. In re Estate of Faller, 66 P.3d 114 (Colo. App. 2002).