Page 10

UNOFFICIAL 1725.1-10

435.811, 435.840, 435.845; 45 C.F.R. §233.20; 42 U.S.C. §1396p) (Imp: HRS §§346-29, 346-53, 346-71; 20 C.F.R. §416.1201; 42 C.F.R. §§431.10, 435.601;

435.811, 435.840, 435.845; 45 C.F.R. §233.20; 42 U.S.C. §1396p)

§17-1725.1-18 Treatment of trusts established after August 10, 1993. (a) An individual shall be considered to have established a trust if assets of the individual form all or part of the corpus of the trust and if the trust was formed other than by a will by any of the following: (1) The individual; (2) The individual's spouse; (3) A person, including a court or administrative body, with legal authority to act on behalf of the individual or the individual's spouse; or (4) A person, including a court or administrative body, acting at the direction of the individual or the individual's spouse. (b) If a trust contains assets of persons other than the individual, only the portion of the trust that contains the assets of the individual will be considered in this section. (c) The treatment of trusts in this section will be made without regard to: (1) The purpose for which the trust was established; (2) Whether the trustees have or exercise any discretion under the trust; (3) Any restrictions on when or whether distributions can be made from the trust; or (4) Any restrictions on the use of distributions from the trust. (d) In the case of a revocable trust the following shall apply: (1) The corpus of the trust is considered an available asset;