{"data":{"id":"us-ky/krs-387.860","jurisdiction":"us-ky","citation":"KRS 387.860","heading":"Definitions for KRS  387.855 to 387.910.","body":"The following definitions apply with respect to KRS 387.855 to 387.910:\n(1) \"Special needs person\" means a person who, by reason of his or her disability,\nqualifies as a disabled individual under 42 U.S.C. sec. 1396p and whose\ndisability is the basis for the exemption from Medicaid or Supplemental Security\nIncome (SSI) transfer penalties, or both, either as an individual or as a special\nneeds trust beneficiary under 42 U.S.C. sec. 1396p;\n(2) \"Grantor\" means  an individual who is expressly empowered  under 42 U.S.C.\nsec. 1396p, or this chapter, to establish a special needs trust for a special\nneeds  person, and thus qualifies as a grantor. Further, any individual with\nstanding to petition the court under KRS  387.865 may also serve as a grantor\nof a special needs trust;\n(3) \"Special needs trust\" means a trust described in 42 U.S.C. sec. 1396p(d)(4)(A)\nor (C) which may receive assets of a special needs person or another person\non behalf of the special needs person;\n(4) \"The court,\" for the purposes of KRS 387.855 to 387.910, means:\n(a) Where  the special needs person has acquired, or will be acquiring, assets\nwhich are the subject of any judicial proceedings, the court where such\nproceedings had been brought, or where such proceedings are pending;\nand\n(b) In all other cases, in the District Court in the county where the special\nneeds person resides; and\n(5) \"Interested parties,\" for the purposes of this chapter, means:\n(a) Any  individual who  would have  standing to petition the court for\nappointment as a legal guardian or conservator under this chapter;\n(b) Any fiduciary of the special needs person, including but not limited to his\nor her legal guardian, conservator, attorney-in-fact, or trustee whether\ncorporate or individual;\n(c) If the special needs person is a ward of the state, the Protection and\nAdvocacy Division of the Department of Public Advocacy; and\n(d) If there is, or is believed to be, a Medicare or Medicaid lien, or\nsubrogation rights with respect to the special needs person which have\nnot been fully satisfied or discharged at the time the petition is filed, then\nthe appropriate agency or other holder of such rights or claims.","path":["KRS Chapter 387"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46885","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:21Z","sha256":"63e26c9bba8b6d00b07aff0a5fe9b50bc51858aefb175a3f8d04749c31e65785","source_id":"us-ky","stale":false,"prev":"us-ky/krs-387.855","next":"us-ky/krs-387.865"},"notice":"GroundRules: Original legal text. Not legal advice."}