Indiana Code
Chapter 10. Uniform Trust Decanting Act
30-4-10-6. "Beneficiary With Disability"

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

Indiana Code

Title 30. Trusts and Fiduciaries

Article 4. Trust Code

Chapter 10. Uniform Trust Decanting Act

30-4-10-1. Application

30-4-10-2. "Appointive Property"

30-4-10-3. "Ascertainable Standard"

30-4-10-4. "Authorized Fiduciary"

30-4-10-5. "Beneficiary"

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"

30-4-10-10. "Court"

30-4-10-11. "Current Beneficiary"

30-4-10-12. "Decanting Power"

30-4-10-13. "Designated Representative"

30-4-10-14. "Expanded Distributive Discretion"

30-4-10-15. "First Trust"

30-4-10-16. "First-Trust Instrument"

30-4-10-17. "General Power of Appointment"

30-4-10-18. "Jurisdiction"

30-4-10-19. "Person"

30-4-10-20. "Power of Appointment"

30-4-10-21. "Powerholder"

30-4-10-22. "Presently Exercisable Power of Appointment"

30-4-10-23. "Qualified Beneficiary"

30-4-10-24. "Reasonably Definite Standard"

30-4-10-25. "Record"

30-4-10-26. "Second Trust"

30-4-10-27. "Second-Trust Instrument"

30-4-10-28. "Settlor"

30-4-10-29. "Sign"

30-4-10-30. "State"

30-4-10-31. "Terms of the Trust"

30-4-10-32. "Trust Instrument"

30-4-10-33. Fiduciary Duty

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

30-4-10-39. Petition to Determine the Permissibility of the Decanting Power; Judicial Modification of Fiduciary Compensation

30-4-10-40. Exercise of Decanting Power; Written Record

30-4-10-41. Exercise of Decanting Power and Distributive Discretion; Limitations; General or Nongeneral Appointment

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

30-4-10-49. Applicable Rules

30-4-10-50. Duration of Second Trust; Property Attributable to Both First Trust and Second Trust

30-4-10-51. Discretionary Distribution

30-4-10-52. Second-Trust Instrument; Noncompliant Provision; Corrective Action for Exercise of Decanting Power on a Noncompliant Provision

30-4-10-53. Animal Trust

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

30-4-10-58. Uniformity of the Law

30-4-10-59. Interpretation With Respect to the Electronic Signatures in Global and National Commerce Act

30-4-10-60. Severability