What Would McGee Do?
This 2023 California appellate case held that trustees must operate consistently with SSI rules unless the beneficiary's best interest requires otherwise.
What is McGee v. State Dept of Health Care Services?
Under H.R. 1, Medicaid work requirements and six-month eligibility redeterminations for the expansion population both take effect on this date.
What is January 1, 2027?
This is what the acronym ABLE stands for.
What is "Achieving a Better Life Experience"?
This type of first-party special needs trust is managed by a non-profit organization and can accept beneficiaries of any age when created and funded.
What is a (d)(4)(C) or Pooled SNT?
California law requires trustees to evaluate investment decisions not in isolation but in the context of the portfolio as a whole, applying this act's modern approach to risk and return objectives reasonably suited to the trust.
What is the Uniform Prudent Investor Act?
When a trust purchases a vehicle, the trust should hold this position on title rather than being the registered owner.
What is lienholder?
This is the year the SSI resource limit of $2,000 for an individual was last changed.
What is 1984?
As of January 1, 2026, the disability must have begun before this age in order to qualify for an ABLE account.
What is 46?
This California Rule of Court imposes eight additional requirements on special needs trusts that are "funded by court order," including prohibitions on no-contest clauses and requirements for court-approved trustee compensation.
What is California Rules of Court 7.903?
According to the Uniform Law Commission, this is "by far the most insidious damage to trust assets."
What is inflation?
When hiring private caregivers, you should never classify them as this type of worker.
What is an independent contractor?
H.R. 1 eliminates inflation indexing and caps home equity at this amount for purposes of determining Medicaid long-term care eligibility.
What is $1 million?
This is the maximum total account balance an SSI recipient can have in an ABLE account without losing SSI eligibility.
What is $100,000?
This is the maximum total asset value for a court-funded SNT to be exempt from bond, accounting, court approval of trustee changes, and court-fixed compensation requirements under Cal Rules of Court 7.903(d).
What is $20,000?
This California Probate Code section requires guardians and conservators to consider "the circumstances of the estate, indicated cash needs, and the date of prospective termination" when making investments.
What is Probate Code Section 2574?
The 2018 POMS update softened the sole benefit rule into this more flexible standard that permits home purchases, vehicle purchases, and payments to family caregivers.
What is the primary benefit rule?
California estimates approximately this many Medi-Cal enrollees will lose coverage due to procedural issues related to the new six-month redetermination requirements.
What is 400,000?
Unlike first-party Special Needs Trusts, California has eliminated this requirement for CalABLE accounts upon the death of the account holder.
What is Medi-Cal payback (or Medicaid estate recovery)?
This type of fund allows settlement proceeds to be "parked" while financial, legal, allocation, and lien issues are resolved, protecting the plaintiff's public benefits and preserving structured settlement options.
What is a Qualified Settlement Fund (QSF)?
According to National Guardian Association (NGA) Standard 18, a fiduciary shall value this over the preservation of the estate.
What is the well-being of the person?
When a family requests that a minor's SNT pay for food, clothing, and shelter, trustees must consider whether these expenses are actually the parents' responsibility under this statute.
What is Family Code §3900?
Under HOTMA, distributions from this type of trust are excluded from Section 8 income if it is irrevocable and not under the control of a family member.
What is a Special Needs Trust (or irrevocable trust)?
ABLE account holders pay this amount in state and federal taxes on investment earnings, provided funds are used for qualified disability expenses.
What is zero (or nothing)?
California Probate Code §3600, PC §2580, and PC §4541.
What are the three California Probate Code sections under which a court petition can establish a first-party special needs trust when the beneficiary lacks capacity?
Under California Probate Code Section 16052, a trustee who properly delegates investment functions to an agent and exercises reasonable care in selection, scope-setting, and monitoring is protected from this.
What is liability for the agent's decisions or actions?