Oklahoma § 60-175.705 - Trust for beneficiary with disability
Full text of Oklahoma Oklahoma Statutes § 60-175.705 — Trust for beneficiary with disability, with citation guidance and answers to common questions.
§ 60-175.705. Trust for beneficiary with disability
TRUST FOR BENEFICIARY WITH DISABILITY
A. As used in this act:
1. "Beneficiary with a disability" means a beneficiary of a
first trust who the special-needs fiduciary believes may qualify for
governmental benefits based on disability, whether or not the
beneficiary currently receives those benefits or is an individual
who has been adjudicated incompetent;
2. "Governmental benefits" means financial aid or services from
a state, federal or other public agency;
3. "Special-needs fiduciary" means, with respect to a trust
that has a beneficiary with a disability:
Oklahoma Statutes - Title 60. Property
a.
a trustee or other fiduciary, other than a settlor,
that has discretion to distribute part or all of the
principal of a first trust to one or more current
beneficiaries,
b.
if no trustee or fiduciary has discretion under
subparagraph a of this section, a trustee or other
fiduciary, other than a settlor, that has discretion
to distribute part or all of the income of the first
trust to one or more current beneficiaries, or
c.
if no trustee or fiduciary has discretion under
subparagraphs a and b of this section, a trustee or
other fiduciary, other than a settlor, that is
required to distribute part or all of the income or
principal of the first trust to one or more current
beneficiaries; and
4. "Special-needs trust" means a trust the trustee believes
would not be considered a resource for purposes of determining
whether a beneficiary with a disability is eligible for governmental
benefits.
B. A special-needs fiduciary may exercise the decanting power
under Section 3 of this act over the principal of a first trust as
if the fiduciary had authority to distribute principal to a
beneficiary with a disability subject to expanded distributive
discretion if:
1. A second trust is a special-needs trust that benefits the
beneficiary with a disability; and
2. The special-needs fiduciary determines that exercise of the
decanting power will further the purposes of the first trust.
C. In an exercise of the decanting power under this section,
the following rules apply:
1. Notwithstanding Section 3 of this act, the interest in the
second trust of a beneficiary with a disability may:
a.
be a pooled trust as defined by Medicaid law for the
benefit of the beneficiary with a disability under 42
U.S.C., Section 1396p(d)(4)(C), as amended, or
b.
contain payback provisions complying with
reimbursement requirements of Medicaid law under 42
U.S.C., Section 1396p(d)(4)(A), as amended; and
2. Except as affected by any change to the interests of the
beneficiary with a disability, the second trust, or if there are two
or more second trusts, the second trusts in the aggregate, shall
comply with Section 3 or 4 of this act with respect to the interest
or interests of each other current beneficiary, presumptive
remainder beneficiary or successor beneficiary.
Added by Laws 2021, c. 268, § 5, eff. Nov. 1, 2021.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 60-175.705
What does Oklahoma Statutes § 60-175.705 cover?
Section 60-175.705 ("Trust for beneficiary with disability") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. 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 Oklahoma § 60-175.705?
A common citation format is "Oklahoma Statutes § 60-175.705" (Oklahoma). 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 Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 60-175.705 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma 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 Oklahoma.