402.205. Trust, who may participate--trust benefits not to affect state benefits--classification of assets of board--tax exemption.

Trust, who may participate--trust benefits not to affect statebenefits--classification of assets of board--tax exemption.

402.205. 1. The families, friends and guardians of persons who havea disability or are eligible for services provided by the department ofmental health, or both, may participate in a trust which may supplement thecare, support, and treatment of such persons pursuant to the provisions ofsections 402.199 to 402.220. Neither the contribution to the trust for thebenefit of a life beneficiary nor the use of trust income to providebenefits shall in any way reduce, impair or diminish the benefits to whichsuch person is otherwise entitled by law; and the administration of thetrust shall not be taken into consideration in appropriations for thedepartment of mental health to render services required by law.

2. Unless otherwise prohibited by federal statutes or regulations,all state agencies shall disregard the trust as a resource when determiningeligibility of Missouri residents for assistance under chapter 208, RSMo.

3. The assets of the board of trustees and assets held in trustpursuant to the provisions of sections 402.199 to 402.220 shall not beconsidered state money, assets of the state or revenue for any purposes ofthe state constitution or statutes. The property of the board of trusteesand its income and operations shall be exempt from all taxation by thestate or any of its political subdivisions.

(L. 1989 H.B. 318 § 2, A.L. 1991 S.B. 311, A.L. 1999 S.B. 211, A.L. 2004 H.B. 923)