Ohio § 5815.28
Full text of Ohio Ohio Revised Code § 5815.28, with citation guidance and answers to common questions.
§ 5815.28.
(A) As used in this section: (1) “ Ascertainable standard ” includes a standard in a trust instrument requiring the trustee to provide for the
care, comfort, maintenance, welfare, education, or general well-being of the beneficiary. (2) “ Disability ” means any substantial, medically determinable impairment that can be expected to
result in death or that has lasted or can be expected to last for a continuous period
of at least twelve months, except that “disability” does not include an impairment
that is the result of abuse of alcohol or drugs. (3) “Political subdivision” and “state” have the same meanings as in section 2744.01 of the Revised Code . (4) “ Supplemental services ” means services specified by rule of the department of mental health and addiction
services under section 5119.10 of the Revised Code or the department of developmental disabilities under section 5123.04 of the Revised Code that are provided to an individual with a disability in addition to services the
individual is eligible to receive under programs authorized by federal or state law. (B) Any person may create a trust under this section to provide funding for supplemental
services for the benefit of another individual who meets either of the following conditions: (1) The individual has a physical or mental disability and is eligible to receive services
through the department of developmental disabilities or a county board of developmental
disabilities; (2) The individual has a mental disability and is eligible to receive services through
the department of mental health and addiction services or a board of alcohol, drug
addiction, and mental health services. The trust may confer discretion upon the trustee and may contain specific instructions
or conditions governing the exercise of the discretion. (C) The general division of the court of common pleas and the probate court of the county
in which the beneficiary of a trust authorized by division (B) of this section resides
or is confined have concurrent original jurisdiction to hear and determine actions
pertaining to the trust. In any action pertaining to the trust in a court of common pleas or probate court
and in any appeal of the action, all of the following apply to the trial or appellate
court: (1) The court shall render determinations consistent with the testator's or other settlor's
intent in creating the trust, as evidenced by the terms of the trust instrument. (2) The court may order the trustee to exercise discretion that the trust instrument
confers upon the trustee only if the instrument contains specific instructions or
conditions governing the exercise of that discretion and the trustee has failed to
comply with the instructions or conditions. In issuing an order pursuant to this division, the court shall require the trustee
to exercise the trustee's discretion only in accordance with the instructions or conditions. (3) The court may order the trustee to maintain the trust and distribute assets in accordance
with rules adopted by the director of mental health and addiction services under section 5119.10 of the Revised Code or the director of developmental disabilities under section 5123.04 of the Revised Code if the trustee has failed to comply with such rules. (D) To the extent permitted by federal law and subject to the provisions of division
(C)(2) of this section pertaining to the enforcement of specific instructions or conditions
governing a trustee's discretion, a trust authorized by division (B) of this section
that confers discretion upon the trustee shall not be considered an asset or resource
of the beneficiary, the beneficiary's estate, the settlor, or the settlor's estate
and shall be exempt from the claims of creditors, political subdivisions, the state,
other governmental entities, and other claimants against the beneficiary, the beneficiary's
estate, the settlor, or the settlor's estate, including claims regarding the medicaid
program or based on provisions of Chapters 5121. or 5123. of the Revised Code and
claims sought to be satisfied by way of a civil action, subrogation, execution, garnishment,
attachment, judicial sale, or other legal process, if all of the following apply: (1) At the time the trust is created, the trust principal does not exceed the maximum
amount determined under division (E) of this section; (2) The trust instrument contains a statement of the settlor's intent, or otherwise clearly
evidences the settlor's intent, that the beneficiary does not have authority to compel
the trustee under any circumstances to furnish the beneficiary with minimal or other
maintenance or support, to make payments from the principal of the trust or from the
income derived from the principal, or to convert any portion of the principal into
cash, whether pursuant to an ascertainable standard specified in the instrument or
otherwise; (3) The trust instrument provides that trust assets can be used only to provide supplemental
services, as defined by rule of the director of mental health and addiction services
under section 5119.10 of the Revised Code or the director of developmental disabilities under section 5123.04 of the Revised Code , to the beneficiary; (4) The trust is maintained and assets are distributed in accordance with rules adopted
by the director of mental health and addiction services under section 5119.10 of the Revised Code or the director of developmental disabilities under section 5123.04 of the Revised Code ; (5) The trust instrument provides that on the death of the beneficiary, a portion of
the remaining assets of the trust, which shall be not less than fifty per cent of
such assets, will be deposited to the credit of the services fund for individuals
with mental illness created by section 5119.51 of the Revised Code or the services fund for individuals with developmental disabilities created by section 5123.40 of the Revised Code . (E) In 1994, the trust principal maximum amount for a trust created under this section
shall be two hundred thousand dollars. The maximum amount for a trust created under this section prior to November 11,
1994, may be increased to two hundred thousand dollars. In 1995, the maximum amount for a trust created under this section shall be two hundred
two thousand dollars. Each year thereafter, the maximum amount shall be the prior year's amount plus two
thousand dollars. (F) This section does not limit or otherwise affect the creation, validity, interpretation,
or effect of any trust that is not created under this section. (G) Once a trustee takes action on a trust created by a settlor under this section and
disburses trust funds on behalf of the beneficiary of the trust, then the trust may
not be terminated or otherwise revoked by a particular event or otherwise without
payment into the services fund created pursuant to section 5119.51 or 5123.40 of the Revised Code of an amount that is equal to the disbursements made on behalf of the beneficiary
for medical care by the state from the date the trust vests but that is not more than
fifty per cent of the trust corpus.
Frequently Asked Questions About Ohio § 5815.28
What does Ohio Revised Code § 5815.28 cover?
Section 5815.28 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5815.28?
A common citation format is "Ohio Revised Code § 5815.28" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5815.28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.