고령자-장애인을 위한 집합특별수요신탁제도의 입법 제안

Abstract

This paper suggests that a special needs trust, especially a pooled special needs trust, which has widely been in place in USA, Canada and Australia, should be introduced for elderly and persons with disabilities, who have commonalities in that they have difficulty in managing their own property matters. While rich elderly and persons with disabilities do not need to resort to a pooled special needs trust in that normal trust schemes provided for by financial institutions are available to them, lots of elderly and persons with disabilities with low and medium income usually have less than one or two hundred thousand dollars set for meeting their special needs, the amount of which falls short of fund administered by financial institutions. For those persons, a pooled special needs trust must be an alternative to many schemes for managing property matters. This paper proposes a draft bill for the introduction of a pooled special needs trust. This paper suggests that any principal and incomes of any individual trust account in the proposed pooled special needs trust for elderly and persons with disabilities should be disbursed to meet special needs of daily lif, medical treatments and care of elderly and persons with disabilities, which cannot be covered by public benefits. Moreover this paper suggests that any principal and income of this trust account should not be accounted as personal property in the process of means-test based public benefit. For this purpose, this paper lays out detailed legal features to overcome criticism, which can be raised against any seeming privilege given to the special needs trust.