Sec. 868C. TRANSFER OF MANAGEMENT TRUST PROPERTY TO POOLED TRUST

(a) If the court determines that it is in the best interests of the person for whom a trust is created under Section 867 of this code, the court may order the transfer of all property in the trust to a subaccount of a pooled trust established in accordance with Subpart I, Part 5, of this chapter. The transfer of property from the management trust to the subaccount of the pooled trust shall be treated as a continuation of the management trust and may not be treated as the establishment of a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C) or otherwise for purposes of the management trust beneficiary's eligibility for medical assistance under Chapter 32, Human Resources Code.

(b) The court may not allow termination of the management trust created under Section 867 of this code from which property is transferred under this section until all of the property in the management trust has been transferred to the subaccount of the pooled trust.

Added by Acts 2009, 81st Leg., R.S., Ch. 930 , Sec. 10, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 823 , Sec. 3.02, eff. January 1, 2014. Acts 2011, 82nd Leg., R.S., Ch. 1085 , Sec. 32, eff. September 1, 2011.