WHAT IS AN INDIVIDUAL DISABILITY TRUST UNDER OBRA93?
It is an individual trust for a person under 65 years of age. Any one can be a trustee , but should have a knowledgeable independent trustee. There is a payback provision to the state. Special needs items can be paid from the trust without endangering the beneficiarys eligibility. This trust can be used as a safe harbor to protect a beneficiarys eligibility when a personal injury recovery is obtained.