Section 3604 Of Article 1. General Provisions From California Probate Code >> Division 4. >> Part 8. >> Chapter 4. >> Article 1.
3604
. (a) (1) If a court makes an order under Section 3602 or 3611
that money of a minor or person with a disability be paid to a
special needs trust, the terms of the trust shall be reviewed and
approved by the court and shall satisfy the requirements of this
section. The trust is subject to continuing jurisdiction of the
court, and is subject to court supervision to the extent determined
by the court. The court may transfer jurisdiction to the court in the
proper county for commencement of a proceeding as determined under
Section 17005.
(2) If the court referred to in subdivision (a) could have made an
order under Section 3602 or 3611 to place that money into a special
needs trust, but that order was not requested, a parent, guardian,
conservator, or other interested person may petition a court that
exercises jurisdiction pursuant to Section 800 for that order. In
doing so, notice shall be provided pursuant to subdivisions (e) and
(f) of Section 3602, or subdivision (c) of Section 3611, and that
notice shall be given at least 15 days before the hearing.
(b) A special needs trust may be established and continued under
this section only if the court determines all of the following:
(1) That the minor or person with a disability has a disability
that substantially impairs the individual's ability to provide for
the individual's own care or custody and constitutes a substantial
handicap.
(2) That the minor or person with a disability is likely to have
special needs that will not be met without the trust.
(3) That money to be paid to the trust does not exceed the amount
that appears reasonably necessary to meet the special needs of the
minor or person with a disability.
(c) If at any time it appears (1) that any of the requirements of
subdivision (b) are not satisfied or the trustee refuses without good
cause to make payments from the trust for the special needs of the
beneficiary, and (2) that the State Department of Health Care
Services, the State Department of State Hospitals, the State
Department of Developmental Services, or a county or city and county
in this state has a claim against trust property, that department,
county, or city and county may petition the court for an order
terminating the trust.
(d) A court order under Section 3602 or 3611 for payment of money
to a special needs trust shall include a provision that all statutory
liens in favor of the State Department of Health Care Services, the
State Department of State Hospitals, the State Department of
Developmental Services, and any county or city and county in this
state shall first be satisfied.