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<section article="get" article_name="Estates and Trusts" number="14-610" title_number="14" title_name="Trusts" subtitle_number="6" subtitle_name="Maryland Trust Decanting Act">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Beneficiary with a disability” means a beneficiary of a first trust who the special needs fiduciary reasonably believes qualifies for governmental benefits based on disability, whether or not the beneficiary currently receives governmental benefits or has been adjudicated incapacitated.</text>
    </level>
    <level label="3">
      <text>“Governmental benefits” means financial aid or services from a State, federal, or other public agency.</text>
    </level>
    <level label="4">
      <text>“Special needs fiduciary” means, with respect to a trust that has a beneficiary with a disability:</text>
      <level label="i">
        <text>A trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;</text>
      </level>
      <level label="ii">
        <text>If no trustee or fiduciary has discretion under item (i) of this paragraph, a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or</text>
      </level>
      <level label="iii">
        <text>If no trustee or fiduciary has discretion under item (i) or (ii) of this paragraph, a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.</text>
      </level>
    </level>
    <level label="5">
      <text>“Special needs trust” means a trust that the trustee reasonably believes would not be considered a resource for the purpose of determining whether a beneficiary with a disability is eligible for governmental benefits.</text>
    </level>
  </level>
  <level label="b">
    <text>A special needs fiduciary may exercise the decanting power over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributed discretion, if:</text>
    <level label="1">
      <text>A second trust is a special needs trust that benefits the beneficiary with a disability; and</text>
    </level>
    <level label="2">
      <text>The special needs fiduciary determines that the exercise of the decanting power will further purposes of the first trust.</text>
    </level>
  </level>
  <level label="c">
    <text>Notwithstanding any provision to the contrary, in an exercise of the decanting power under this section:</text>
    <level label="1">
      <text>The interest in a second trust of a beneficiary with a disability may, but is not required to:</text>
      <level label="i">
        <text>Be a pooled trust, as defined in Title 42 of the United States Code, for a beneficiary with a disability; or</text>
      </level>
      <level label="ii">
        <text>Contain payback provisions complying with the requirements for reimbursement in Title 42 of the United States Code;</text>
      </level>
    </level>
    <level label="2">
      <text>A second trust may reduce or eliminate a vested interest of a beneficiary with a disability; and</text>
    </level>
    <level label="3">
      <text>Except as affected by any change to the interests of the beneficiary with a disability, a second trust, or second trusts in the aggregate, shall grant each other beneficiary of the first trust beneficial interests in the second trusts that are substantially similar to the beneficiary’s beneficial interests in the first trust.</text>
    </level>
  </level>
</section>
