634A.1 Definitions. As used in this chapter, unless the context otherwise requires:1. 'Person with a disability' means a person to whom one of the following applies, prior to creation of a trust which otherwise qualifies as a supplemental needs trust for the person’sbenefit: a. Is considered to be a person with a disability under the disability criteria specified in Tit. II or Tit. XVI of the federal Social Security Act. b. Has a physical or mental illness or condition which, in the expected natural course of the illness or condition, to a reasonable degree of medical certainty, is expected to continue fora continuous period of twelve months or more and substantially impairs the person’s abilityto provide for the person’s care or custody. 2. 'Supplemental needs trust' means an inter vivos or testamentary trust created for the benefit of a person with a disability and funded by a person other than the trust beneficiaryor the beneficiary’s spouse, and which is declared to be a supplemental needs trust in theinstrument creating the trust. 'Supplemental needs trust' shall include, but is not limited to,a trust created for the benefit of a person with a disability and funded solely mental needs trust in theinstrument creating the trust. 'Supplemental needs trust' shall include, but is not limited to,a trust created for the benefit of a person with a disability and funded solely with moneysawarded as damages in a personal injury case or moneys received in the settlement of apersonal injury case provided that the trust is created within six months of receiving the awardor settlement, the trust is irrevocable, the beneficiary is not named a trustee of the trust, andthe instrument creating the trust declares the trust to be a supplemental needs trust. 97 Acts, ch 112, §1; 2012 Acts, ch 1023, §84 Sat Dec 23 12:17:59 2023 Iowa Code 2024, Section 634A.1 (16, 0)
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