Wisconsin Statutes Property (Ch. 700 to 710) § 701.1313. Trust for beneficiary with disability

(a) “Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes in good faith is an individual with a disability.

(b) “Special-needs fiduciary” means, with respect to a trust that has a beneficiary with a disability, any of the following:

(c) “Special-needs trust” means a trust the trustee believes would not be considered a resource for purposes of determining whether an individual with a disability is eligible for the supplemental security income program or the medical assistance program.

(a) A 2nd trust is a special-needs trust that benefits the beneficiary with a disability.

(b) The special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.

(a) Notwithstanding s. 701.1311(3)(b), the interest in the 2nd trust of a beneficiary with a disability may do any of the following:

(b) Section 701.1311(3)(c) does not apply to the interests of the beneficiary with a disability.

(c) Except as affected by any change to the interests of the beneficiary with a disability or by the effects on remainder beneficiaries of a transfer to a 2nd trust under par. (a), if the special needs fiduciary has limited distributive discretion over the principal of the 2nd trust, or if there are 2 or more 2nd trusts, the 2nd trusts in the aggregate must grant each other beneficiary of the first trust beneficial interests in the 2nd trusts that are substantially similar to the beneficiary's beneficial interests in the first trust.