Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Jan 18, 2011 |
referred to judiciary |
Assembly Bill A2291
2011-2012 Legislative Session
Sponsored By
CLARK
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-A2291 (ACTIVE) - Details
2011-A2291 (ACTIVE) - Summary
Makes the establishment of trusts which provide for the suspension, termination or diversion of the trust or beneficial interest in the event that the beneficiary needs medical, hospital or nursing care void as against public policy and allows the commissioner of social services to maintain an action to collect from such trust the beneficial interest and income for payment of certain expenses.
2011-A2291 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2291 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Judiciary AN ACT to amend the estates, powers and trusts law, in relation to establishing certain trusts as void as against public policy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds that many citizens are engaging in the creation of trusts containing all or most of their assets for the purpose of enabling them to qualify for medicaid in the event of a protracted hospital stay or their entrance into a nursing home. While the creation of a trust to manage one's assets has long been recognized as being a legitimate means of estate planning, the legislature recognizes and by this act establishes, as a matter of public policy, that the citizens of this state have an obligation to pay for their own health care when able to do so and that the diversion of normal payments from the beneficiary of a trust in order to avoid that responsibility violates such public policy. S 2. Paragraph (b) of section 7-3.1 of the estates, powers and trusts law is amended by adding a new subparagraph 5 to read as follows: (5) A DISPOSITION IN TRUST WHICH PROVIDES FOR THE SUSPENSION, TERMI- NATION OR DIVERSION OF THE TRUST OR THE BENEFICIAL INTEREST OF ANY BENE- FICIARY OF SUCH TRUST IN THE EVENT THAT SUCH BENEFICIARY SHOULD REQUIRE OR IS DIAGNOSED AS REQUIRING MEDICAL, HOSPITAL OR NURSING CARE OR LONG TERM CUSTODIAL, NURSING OR MEDICAL CARE SHALL BE VOID AS AGAINST THE PUBLIC POLICY OF THE STATE OF NEW YORK. THE COMMISSIONER OF HEALTH IS HEREBY AUTHORIZED, UPON THE APPLICATION OF ANY SUCH BENEFICIARY FOR MEDICAL BENEFITS, TO MAINTAIN AN ACTION TO COLLECT FROM SUCH TRUST THE BENEFICIAL INTEREST OF SUCH BENEFICIARY, INCLUDING THE INCOME AND ANY PRINCIPAL AMOUNTS TO WHICH SUCH BENEFICIARY WOULD HAVE BEEN ENTITLED, BY THE TERMS OF SUCH TRUST BY RIGHT OR IN THE DISCRETION OF THE TRUSTEE, HAD SUCH BENEFICIARY NOT REQUIRED OR BEEN DIAGNOSED AS REQUIRING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06586-01-1
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