{"data":{"id":"us-ky/krs-367.937","jurisdiction":"us-ky","citation":"KRS 367.937","heading":"Permissibility of irrevocable trust provision -- Effect on determining","body":"eligibility for entitlement programs -- Required form for application.\n(1) Notwithstanding the provisions of KRS 367.936 to the contrary, an agreement,\ncontract, or plan may provid e that the trust shall be irrevocable during the lifetime\nof the beneficiary or grantor, if at the time of the signing of an agreement, contract,\nor plan or at any time thereafter, the beneficiary or grantor of the trust is, becomes,\napplies, or intends to  apply to be an aged, blind, or disabled recipient of benefits\npursuant to the federal Supplemental Security Income program under Title XVI of\nthe Social Security Act or any other federal or state entitlement program. Funds\nirrevocably set aside for burial reserves, burial spaces, or other funds for funeral and\nburial expenses, including interest thereon shall be excluded as a financial resource\nin determining the beneficiary's or grantor's eligibility under any federal or state\nentitlement program as long as exclusion is not prohibited by any federal law or\nregulation governing the entitlement program.\n(2) An application for an irrevocable trust shall be on a form developed by the Attorney\nGeneral, which shall require proof that the beneficiary or grantor h as received,\napplied for, or intends to apply for entitlement benefits within thirty (30) days of the\nsigning of the agreement, contract, or plan. The form showing proof shall thereafter\nbe maintained in the files of the agent.\n(3) If, for any reason, a be neficiary or grantor of the trust fails to apply for entitlement\nbenefits within thirty (30) days of his written intention to do so, fails to receive, or\notherwise becomes ineligible for entitlement benefits, then the trust shall be a\nrevocable trust.\n(4) An irrevocable trust established pursuant to this section shall not affect the selection\nof funeral goods or services or the selection of the funeral home. At any time the\nbeneficiary or grantor of the trust may, by written request to the agent and trustee ,\nchange the agent, trustee, or both.\n(5) All agreements, contracts, or plans entered into prior to the enactment of this statute\nmay be made irrevocable pursuant to the provisions of this section upon written\napplication to the agent.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35115","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:06Z","sha256":"df13cc94fb497484cdb33ba0231df81a82836fc18497000529eaabd4c70b9d7e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.936","next":"us-ky/krs-367.938"},"notice":"GroundRules: Original legal text. Not legal advice."}