California Probate Code

§ 3604

PROB § 3604 Effective Sep 22, 2012Div. 4 · Part 8 · Ch. 4 · Art. 1

Statute text

(a)(1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of the trust shall be reviewed and approved by the court and shall satisfy the requirements of this section. The trust is subject to continuing jurisdiction of the court, and is subject to court supervision to the extent determined by the court. The court may transfer jurisdiction to the court in the proper county for commencement of a proceeding as determined under Section 17005.

(2)If the court referred to in subdivision (a) could have made an order under Section 3602 or 3611 to place that money into a special needs trust, but that order was not requested, a parent, guardian, conservator, or other interested person may petition a court that exercises jurisdiction pursuant to Section 800 for that order. In doing so, notice shall be provided pursuant to subdivisions (e) and (f) of Section 3602, or subdivision (c) of Section 3611, and that notice shall be given at least 15 days before the hearing.

(b)A special needs trust may be established and continued under this section only if the court determines all of the following:

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Legislative history

Amended by Stats. 2012, Ch. 440, Sec. 55. (AB 1488) Effective September 22, 2012.