Limitations on trust director. [Effective January 1, 2020.]

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A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding:

  1. (1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as amended; and

  2. (2) a charitable interest in the trust, including notice regarding the interest to the Attorney General.


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