HANDICAPPED PERSONS: Community Trusts: Clarify Definition of Successor Trusts; Clarify Distributions to Successor Trusts; Provide for Distributions to Successor Trusts After Death of Life Beneficiary When Donor Has Designated Self or Spouse as Life Beneficiary; Provide for Distributions Upon Withdrawal or Revocation of the Donation; Allow for More Frequent Use of Trust Funds to Provide Noncash Benefits; Provide for Use of Funds in Successor Trusts for the Benefit of Indigent Persons Suffering from Impairments; Provide for Distribution of Assets from Trusts or Successor Trusts to the Nonprofit Organization Administering the Trust in Specified Circumstances; Provide that One or More Accounts May be Set Up for a Life Beneficiary; Clarify Power of Co-Trustee with Regard to Withdrawal; Clarify Applicability of Qualified Immunity for Trustees Skip over navigation
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Copyright (c) 1997 Georgia State University
Georgia State University Law Review

HANDICAPPED PERSONS: Community Trusts: Clarify Definition of Successor Trusts; Clarify Distributions to Successor Trusts; Provide for Distributions to Successor Trusts After Death of Life Beneficiary When Donor Has Designated Self or Spouse as Life Beneficiary; Provide for Distributions Upon Withdrawal or Revocation of the Donation; Allow for More Frequent Use of Trust Funds to Provide Noncash Benefits; Provide for Use of Funds in Successor Trusts for the Benefit of Indigent Persons Suffering from Impairments; Provide for Distribution of Assets from Trusts or Successor Trusts to the Nonprofit Organization Administering the Trust in Specified Circumstances; Provide that One or More Accounts May be Set Up for a Life Beneficiary; Clarify Power of Co-Trustee with Regard to Withdrawal; Clarify Applicability of Qualified Immunity for Trustees

December, 1997

14 Ga. St. U.L. Rev. 167

Author

Stephen M. Dickson

Excerpt



Code Sections: O.C.G.A. 30-10-2 to -8 (amended)

Bill Number: HB 650

Act Number: 219

Georgia Laws: 1997 Ga. Laws 576

Summary: The Act makes changes to improve implementation of the 1996 Georgia law allowing donors to make contributions to a community trust for the benefit of any person with a mental or physical disability in order to supplement that person's government assistance.

Effective Date: July 1, 1997

History

Prior to the 1996 legislative session, the Georgia General Assembly established two interim committees to study the concept of establishing trusts to assist individuals with disabilities. 1 In their joint meetings, the committees dealt with two issues. 2 First, there was interest in providing a trust fund to make loans to disabled persons so that they could buy technology-related devices (such as a van with hand controls for driving) in order to become more self-sufficient and to enable them to work. 3 As described below, the General Assembly passed a law in the 1996 session to establish such a trust fund. 4 In order for this law to have become effective, however, an amendment to the Georgia Constitution was required, and the General Assembly never acted to submit such an amendment. 5 The second issue the committee dealt with was authorization of donors to make contributions to a community trust for the benefit of any person with a mental or physical disability in order to supplement, but not replace, basic governmental support (such as Medicaid). 6

In 1996 ...
 
 
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