South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:05 - Long-term care resource requirements
Section 67:46:05:32.01 - Establishment of trust

Universal Citation: SD Admin Rules 67:46:05:32.01

Current through Register Vol. 51, page 43, September 23, 2024

The department considers that an individual has established a trust or similar legal device if assets of the individual were used to form all or part of the corpus of the trust and if the trust was established by one of the following persons:

(1) The individual;

(2) The individual's spouse;

(3) A person, including any court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual's spouse; or

(4) A person, including any court or administrative body, acting at the direction or request of the individual or the individual's spouse.

The provisions of this section do not apply to testamentary trusts.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Consideration of revocable and irrevocable trusts, § 67:46:05:32.02.

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