IRREVOCABLE SPECIAL NEEDS TRUST AGREEMENT

(Idaho – Medicaid‐Compliant Supplemental Needs Trust)

[// GUIDANCE: This template assumes the Trust is being created pursuant to 42 U.S.C. § 1396p(d)(4)(A) and the Idaho Uniform Trust Code (Idaho Code Title 15, Chapter 7). Always verify current statutory requirements before use.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Creation & Funding
   3.2 Irrevocability
   3.3 Purpose & Special Needs Compliance
   3.4 Discretionary Distribution Standards
   3.5 Government Benefit Coordination
   3.6 Spendthrift Protection
   3.7 Addition & Segregation of Assets
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

IRREVOCABLE SPECIAL NEEDS TRUST AGREEMENT
Effective Date: [DATE]

Parties:
• Settlor: [SETTLOR LEGAL NAME], residing at [ADDRESS]
• Trustee: [INITIAL TRUSTEE LEGAL NAME], a resident of [ADDRESS]
• Primary Beneficiary: [BENEFICIARY LEGAL NAME], Date of Birth [DOB]

Recitals:
A. Settlor desires to establish an irrevocable trust for the sole benefit of Beneficiary, who is an individual with a disability as defined in 42 U.S.C. § 1382c(a)(3).
B. The purpose of this Trust is to supplement, not supplant, public assistance benefits and to comply with 42 U.S.C. § 1396p(d)(4)(A) so that Trust assets are not counted as available resources.
C. Trustee is willing to hold, manage, and distribute Trust assets under the terms herein.

Governing Law: This Trust shall be governed by and construed in accordance with the laws of the State of Idaho (the “Governing Law”).
Forum: Exclusive jurisdiction lies with the probate division of the district court of the county in Idaho where this Trust is administered (“Forum Court”).

2. DEFINITIONS

“Accounting Period” – A calendar year ending December 31, unless Trustee elects a different fiscal year.

“Beneficiary” – The individual named above and any Alternate Beneficiary designated under Section 3.8.

“Discretionary Distribution” – A distribution made in Trustee’s sole and absolute discretion under Section 3.4.

“Government Benefits” – Any means-tested or needs-based federal, state, or local assistance program including, without limitation, Medicaid, SSI, SNAP, and HUD housing assistance.

“Net Income” – All ordinary income of the Trust after deduction of expenses, determined per the Idaho Principal and Income Act.

“Protected Benefits” – Government Benefits for which Beneficiary is or may become eligible and which this Trust seeks to protect.

“Special Needs” – Non-support items that enhance the Beneficiary’s quality of life and are not provided by Protected Benefits, including but not limited to education, therapy, assistive technology, transportation, and leisure activities.

“Trust Assets” – All property, tangible or intangible, held from time to time by Trustee under this Agreement.

3. OPERATIVE PROVISIONS

3.1 Creation & Funding

(a) Initial Corpus. Settlor hereby irrevocably transfers and assigns the property described in Schedule A to Trustee as the initial Trust corpus.
(b) Additional Contributions. Additional assets may be added at any time with Trustee’s consent, provided each contribution complies with Government Benefits rules and Section 3.7.

3.2 Irrevocability

This Trust is irrevocable. Settlor expressly relinquishes all rights to alter, amend, revoke, or terminate this Trust, except as provided in Sections 5.4 and 9.1.

3.3 Purpose & Special Needs Compliance

Trustee shall administer Trust Assets solely for the benefit of Beneficiary in a manner consistent with 42 U.S.C. § 1396p(d)(4)(A) and applicable Idaho law, with the intent that Trust Assets be excluded from Beneficiary’s countable resources.

3.4 Discretionary Distribution Standards

(a) Sole Benefit. All distributions must be for the sole benefit of Beneficiary.
(b) Discretion. Trustee shall have sole and absolute discretion to make or withhold Discretionary Distributions for Beneficiary’s Special Needs. Beneficiary shall have no power to compel distributions.
(c) Prohibited Distributions. Trustee shall not make any distribution that would (i) disqualify or reduce Protected Benefits, or (ii) violate the income or resource limits of such programs without prior written approval from the Forum Court.

3.5 Government Benefit Coordination

(a) Consultation. Before any major distribution, Trustee shall consult qualified benefits counsel or the administering agency to confirm impact on Protected Benefits.
(b) Allocation of Receipts. Government Benefits remain the payor of first resort; Trust Assets are secondary for unmet Special Needs.
(c) Reporting. Trustee shall provide all notices, accountings, and verifications required by Medicaid or other agencies.

3.6 Spendthrift Protection

To the maximum extent permitted by Governing Law, Trust Assets shall not be subject to voluntary or involuntary transfer, assignment, pledge, or seizure by Beneficiary’s creditors.

3.7 Addition & Segregation of Assets

(a) Third-Party Additions. Third parties may contribute assets provided such additions are expressly irrevocable and subject to this Agreement.
(b) Beneficiary’s Property. No assets belonging to Beneficiary prior to Trust creation may be added without advance compliance review under 42 U.S.C. § 1396p and Idaho Medicaid regulations.

3.8 Remainder & Payback

Upon Beneficiary’s death, Trustee shall:
(1) first, reimburse the Idaho Department of Health and Welfare and any other state(s) that have provided Medicaid benefits to Beneficiary up to the total of such benefits paid; and
(2) second, distribute any remaining assets to the remainder beneficiaries designated in Schedule B, or, if none, to Settlor’s heirs-at-law.

4. REPRESENTATIONS & WARRANTIES

4.1 Settlor represents that:
(a) Settlor has full legal capacity, authority, and title to transfer the property comprising the initial corpus;
(b) the establishment of this Trust complies with all applicable spend-down and transfer-of-asset rules; and
(c) no creditor claims or liens encumber the transferred property.

4.2 Trustee represents that:
(a) Trustee is not disqualified from serving under Idaho law;
(b) Trustee will administer the Trust in good faith, with reasonable care, skill, and caution; and
(c) Trustee shall obtain and maintain any bond required by Governing Law or the Forum Court.

Survival. All representations and warranties shall survive the execution of this Agreement and the funding of the Trust.

5. COVENANTS & RESTRICTIONS

5.1 Administrative Covenant. Trustee shall maintain accurate books, obtain receipts, and prepare annual accountings for Beneficiary and, upon request, the Forum Court.

5.2 Investment Standards. Trustee shall invest Trust Assets in accordance with the prudent investor rule under Idaho Code § 68-506 and may retain non-income-producing property if consistent with Beneficiary’s best interests.

5.3 Notice & Cure. Trustee must notify the Idaho Medicaid agency of any event affecting Beneficiary’s eligibility within ten (10) days and take corrective action within thirty (30) days.

5.4 Trust Modification. Trustee may petition the Forum Court for modification to preserve Beneficiary’s eligibility for Protected Benefits or to comply with changes in law. Any modification shall be narrowly tailored and shall not alter the irrevocable nature of the Trust or its payback obligation.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
(a) Trustee’s failure to make required reports within thirty (30) days after written notice;
(b) material breach of fiduciary duty;
(c) insolvency or incapacity of Trustee.

6.2 Removal & Replacement. Upon default, the Forum Court or, if permitted, the Trust Protector appointed in Schedule C may remove Trustee and appoint a Successor Trustee.

6.3 Damages & Surcharge. Trustee is liable for damages proximately caused by willful misconduct or gross negligence, limited to Trust Assets.

6.4 Attorneys’ Fees. The prevailing party in any action to enforce this Trust shall recover reasonable attorneys’ fees and costs from the Trust, subject to Forum Court approval.

7. RISK ALLOCATION

7.1 Trustee Indemnification. To the fullest extent permitted by Governing Law, Trustee shall be indemnified and held harmless out of the Trust Assets from and against any liability, loss, or expense incurred by reason of Trustee’s good-faith administration, except for willful misconduct or gross negligence.

7.2 Limitation of Liability. Trustee’s personal liability is limited to Trust Assets; no personal assets of Trustee shall be subject to attachment or execution for Trust obligations, except as required by Governing Law.

7.3 Insurance. Trustee may, at Trust expense, procure fiduciary liability insurance.

7.4 Force Majeure. Trustee is excused from performance delays caused by events beyond reasonable control, including but not limited to natural disasters, governmental actions, or pandemics, provided Trustee acts diligently to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by Idaho substantive law, without regard to conflict-of-law principles.

8.2 Forum Selection. Exclusive venue lies with the probate division of the district court in the county where the Trust is administered.

8.3 Limited Arbitration. Subject to Section 8.2, non-benefit-impacting matters (e.g., fee disputes) may be submitted to binding arbitration under the Idaho Uniform Arbitration Act upon unanimous written consent of Settlor (if living), Trustee, and Beneficiary’s legal representative. Issues affecting Government Benefits eligibility may not be arbitrated.

8.4 Jury Waiver. None (jury trials are not available in Idaho probate proceedings).

8.5 Injunctive Relief. The Forum Court may issue temporary, preliminary, or permanent injunctive relief to enforce Trust terms or protect Beneficiary’s eligibility for Protected Benefits.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Except as allowed in Section 5.4, no amendment or waiver is effective unless in writing and approved by the Forum Court. A waiver of a particular provision is not a waiver of any other provision.

9.2 Assignment. Rights hereunder may not be assigned except as expressly provided.

9.3 Successors & Assigns. This Agreement binds and benefits the parties and their permitted successors.

9.4 Severability. If any provision is invalid or unenforceable, it shall be reformed to the minimum extent necessary to effect the parties’ intent, and the remainder remains in full force.

9.5 Integration. This Agreement constitutes the entire understanding and supersedes all prior agreements regarding the subject matter.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures are binding to the extent permitted by Idaho’s Uniform Electronic Transactions Act.

10. EXECUTION BLOCK

[SETTLOR LEGAL NAME]
Signature: _____
Date: ______

[INITIAL TRUSTEE LEGAL NAME], Trustee
Signature: _____
Date: ______

STATE OF IDAHO )
: ss.
COUNTY OF [_] )

On this ___ day of ____ 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [SETTLOR] and [TRUSTEE], known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same.

Notary Public Signature: ___
My Commission Expires: ___

SCHEDULE A

Initial Trust Corpus
[// GUIDANCE: Insert detailed description of cash, securities, real property, etc.]

SCHEDULE B

Remainder Beneficiaries
[// GUIDANCE: List contingent beneficiaries and allocation percentages.]

SCHEDULE C

Trust Protector & Successor Trustees
[// GUIDANCE: Designate individuals or corporate fiduciaries with contact information and order of succession.]

[// GUIDANCE: Insert any additional state-specific forms (e.g., Idaho Health & Welfare notice) as required.]

DISCLAIMER
This template is provided for general informational purposes only and does not constitute legal advice. Use of this document does not create an attorney-client relationship. Practitioners must review and tailor all provisions to the specific facts, current law, and agency guidance.