Special Needs Trust Form - Georgia
RESOURCES SPECIAL NEEDS TRUST
VOLUME II/MA, MT 35 – 08/09 SECTION 2346-2
BASIC
CONSIDERATIONS
(cont.)
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If the trust is to be funded with the proceeds of a settlement, a certified
copy of the settlement and the court order must be submitted with the
trust.
Notice of the time and place of any hearing regarding a Court approval
of the settlement and SNT should be served upon the DCH at least 15
business days before the hearing.
The DCH will not recognize the validity of any SNT until all liens in
favor of the DCH shall be first satisfied in full.
All SNTs are subject to a yearly audit by DCH or its agents. DCH may
also audit prior years of the trust.
No payment can be made from the trust except for the benefit of the
beneficiary and may not exceed the amount that can be determined to
reasonably meet the special needs of the beneficiary. Refer to Section
2502-7, Chart 2502.1 for definition of “sole benefit of”.
The SNT shall specifically identify, in an attached schedule, the initial
source of the trust, all assets of the trust, all assets purchased with trust
funds and all wages or payment for caregiver or other services. The
trustee must update the schedule yearly. Schedules must be submitted
to DFCS and to DCH Legal Services.
The SNT shall specifically state the age of the trust beneficiary and
affirm that the trust beneficiary is disabled within the definition of 42
U.S. C. Section 1382c(a)(3), and whether the trust beneficiary is
competent or incompetent at the time the trust is established.
The SNT shall specifically state that its purpose is to permit the use of
SNT assets to supplement, and not to supplant, impair or diminish
benefits or assistance of any Federal, State or other governmental entity
for which the beneficiary may otherwise be eligible or for which the
beneficiary is competent at the time the trust is established.
The DCH shall be given a minimum of 30 days notice if there is a
change in the trus tee.
The DCH must be given notice within 5 days of the death of the
beneficiary.
Beneficiaries are required to comply with SSI income rules. See 20
CFR 416.
Failure to comply with policy will result in the SNT being counted as
an asset or transfer of resources.
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