Sec. 6. As used in this chapter, "beneficiary with disability" means a beneficiary who is determined, in the exercise of an authorized fiduciary's discretion, to have one (1) of the following conditions:
(1) Dementia, memory loss, Parkinson's disease, or other progressive condition that, currently or in the future, may impair the ability of the beneficiary to provide self care or manage the beneficiary's assets.
(2) A physical or mental condition or infirmity due to age, cognitive impairment, addiction, or disease that impairs the beneficiary's ability to provide self care or manage the beneficiary's assets.
(3) The susceptibility of the beneficiary, at any age, to financial exploitation, as defined in IC 23-19-4.1, IC 30-5-5-6.5, or FINRA Rule 2165 approved by the United States Securities and Exchange Commission.
(4) A condition requiring essential medical treatment or prescription medication that the beneficiary cannot reasonably provide for from the beneficiary's resources outside the trust assets.
(5) A condition related directly or indirectly to the disability of a beneficiary described in subdivisions (1) through (4) with respect to which the settlor of the trust has expressed the settlor's intent.
As added by P.L.161-2022, SEC.3.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 10. Uniform Trust Decanting Act
30-4-10-2. "Appointive Property"
30-4-10-3. "Ascertainable Standard"
30-4-10-4. "Authorized Fiduciary"
30-4-10-6. "Beneficiary With Disability"
30-4-10-7. "Charitable Interest"
30-4-10-8. "Charitable Organization"
30-4-10-9. "Charitable Purpose"
30-4-10-11. "Current Beneficiary"
30-4-10-13. "Designated Representative"
30-4-10-14. "Expanded Distributive Discretion"
30-4-10-16. "First-Trust Instrument"
30-4-10-17. "General Power of Appointment"
30-4-10-20. "Power of Appointment"
30-4-10-22. "Presently Exercisable Power of Appointment"
30-4-10-23. "Qualified Beneficiary"
30-4-10-24. "Reasonably Definite Standard"
30-4-10-27. "Second-Trust Instrument"
30-4-10-31. "Terms of the Trust"
30-4-10-32. "Trust Instrument"
30-4-10-34. Liability for an Action or Failure to Act by a Trustee or Person
30-4-10-35. Authorized Fiduciary; Notice of Intent to Exercise Decanting Power
30-4-10-36. Notice Requirements
30-4-10-37. Effect of Notice on Exercise of Decanting Power
30-4-10-38. Notice to a Person Authorized to Represent Another Person
30-4-10-40. Exercise of Decanting Power; Written Record
30-4-10-42. Limited Distributive Discretion
30-4-10-43. Beneficiary With a Disability
30-4-10-44. Determinable Charitable Interest; Authority of the Attorney General
30-4-10-45. First-Trust Instrument Restriction on Decanting Power
30-4-10-46. Compensation of Authorized Fiduciary
30-4-10-47. Second-Trust Instrument; Liability of Authorized Fiduciary
30-4-10-48. Modification of the First-Trust Instrument
30-4-10-50. Duration of Second Trust; Property Attributable to Both First Trust and Second Trust
30-4-10-51. Discretionary Distribution
30-4-10-54. Reference to Trust Instrument or Terms of Trust Instrument
30-4-10-55. Decanting Power of a Settlor of a First Trust; Settlor Intent of Second Trust
30-4-10-56. Property Discovered After Distribution of the First Trust
30-4-10-57. Liability Against Property of a First Trust