Use of Retained Assets. In the Trustee’s sole and absolute discretion, retained surplus Trust property shall be used: a) for the direct or indirect benefit of other Beneficiaries; b) to add disabled persons, as defined in 42 U.S.C. § 1382c(a)(3), who are indigent to the Trust as Beneficiaries; or, c) to provide disabled persons, as defined in 42 U.S.C. § 1382c(a)(3), with equipment, medication, or services, whether direct or indirect, deemed suitable for such persons by the Trustee. Gifts or devises to the Trust shall be similarly treated unless a specific purpose is specified by the donor. To the extent that any surplus Trust property is not retained by the Trust pursuant to paragraph 3.01 above, such property shall be distributed to each state in which the Beneficiary received medical assistance paid by the state, based on each state’s proportionate share of the total medical assistance paid by all of the states on the Beneficiary’s behalf.
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Samples: Pooled Trust Joinder Agreement, Pooled Trust Joinder Agreement, Pooled Trust Joinder Agreement
