Draft a supplemental-needs trust for a disabled beneficiary
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the instructions, list whether the trust is a first-party trust, a pooled trust or a third-party trust, and extract any payback clause. Draft no trust that will be signed.
- What the lawyer must review
- You write the trust. A first-party trust described in 42 U.S.C. § 1396p(d)(4)(A) holds the assets of an individual under 65 who is disabled as defined in section 1382c(a)(3), is established for that individual by the individual, a parent, grandparent, legal guardian or a court, and provides that the state will receive amounts remaining at death up to the medical assistance paid. A pooled trust is subsection (d)(4)(C), which starts from a different set of conditions, including a non-profit association. A third-party trust is not a (d)(4)(A) trust. Do not copy the payback clause into it. State Medicaid rules add requirements. Open them.
- Written for / version
- United States versionUSCth
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.