{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-745.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-745.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-745.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-745.html"}],"law_id":59106,"edition_id":1,"section_id":59106,"structure_id":13993,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","history":"2005, c. 935, \u00a7 55-545.03:1; 2012, c. 614; 2023, cc. 148, 149.","full_text":"A\n\nNotwithstanding any contrary provision in the trust instrument, if a statute or regulation of the United States or Commonwealth requires a beneficiary to reimburse the Commonwealth or any agency or instrumentality thereof, for public assistance, including medical assistance, furnished or to be furnished to the beneficiary, the Attorney General or an attorney acting on behalf of the state agency responsible for the program may file a petition in the circuit court having jurisdiction over the trustee requesting reimbursement. The petition may be filed prior to obtaining a judgment. The beneficiary, the guardian of his estate, his conservator, or his committee shall be made a party.B\n\nFollowing its review of the circumstances of the case, the court may:1\n\nOrder the trustee to satisfy all or part of the liability out of all or part of the amounts to which the beneficiary is entitled, whether presently or in the future, to the extent the beneficiary has the right under the trust to compel the trustee to pay income or principal to or for the benefit of the beneficiary; or2\n\nRegardless of whether the beneficiary has the right to compel the trustee to pay income or principal to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of any future payments that the trustee chooses to make to or for the benefit of the beneficiary in the exercise of discretion under the trust.C\n\nA duty in the trustee under the instrument to make disbursements in a manner designed to avoid rendering the beneficiary ineligible for public assistance to which he might otherwise be entitled, however, shall not be construed as a right possessed by the beneficiary to compel such payments.D\n\nThe court shall not issue an order pursuant to this section if the beneficiary is a person who has a medically determined physical or mental disability that substantially impairs his ability to provide for his care or custody, and constitutes a substantial disability.","order_by":null,"text":{"0":{"id":216746,"text":"Notwithstanding any contrary provision in the trust instrument, if a statute or regulation of the United States or Commonwealth requires a beneficiary to reimburse the Commonwealth or any agency or instrumentality thereof, for public assistance, including medical assistance, furnished or to be furnished to the beneficiary, the Attorney General or an attorney acting on behalf of the state agency responsible for the program may file a petition in the circuit court having jurisdiction over the trustee requesting reimbursement. The petition may be filed prior to obtaining a judgment. The beneficiary, the guardian of his estate, his conservator, or his committee shall be made a party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216747,"text":"Following its review of the circumstances of the case, the court may:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":216748,"text":"Order the trustee to satisfy all or part of the liability out of all or part of the amounts to which the beneficiary is entitled, whether presently or in the future, to the extent the beneficiary has the right under the trust to compel the trustee to pay income or principal to or for the benefit of the beneficiary; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":216749,"text":"Regardless of whether the beneficiary has the right to compel the trustee to pay income or principal to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out of all or part of any future payments that the trustee chooses to make to or for the benefit of the beneficiary in the exercise of discretion under the trust.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":216750,"text":"A duty in the trustee under the instrument to make disbursements in a manner designed to avoid rendering the beneficiary ineligible for public assistance to which he might otherwise be entitled, however, shall not be construed as a right possessed by the beneficiary to compel such payments.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":216751,"text":"The court shall not issue an order pursuant to this section if the beneficiary is a person who has a medically determined physical or mental disability that substantially impairs his ability to provide for his care or custody, and constitutes a substantial disability.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13993,"edition_id":1,"name":"Creditor's Claims; Spendthrift and Discretionary Trusts","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:46:32","date_modified":"2026-06-26 03:46:32","permalink":{"id":274357,"object_type":"structure","relational_id":13993,"identifier":"5","token":"64.2\/III\/7\/5","url":"\/64.2\/III\/7\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12725,"edition_id":1,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274107,"object_type":"structure","relational_id":12725,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56108,"structure_id":13993,"section_number":"64.2-742","catch_line":"Rights of beneficiary's creditor or assignee","url":"\/64.2-742\/","token":"64.2\/III\/7\/5\/64.2-742","metadata":false},{"id":68070,"structure_id":13993,"section_number":"64.2-743","catch_line":"Spendthrift provision","url":"\/64.2-743\/","token":"64.2\/III\/7\/5\/64.2-743","metadata":false},{"id":65426,"structure_id":13993,"section_number":"64.2-744","catch_line":"Exceptions to spendthrift provision","url":"\/64.2-744\/","token":"64.2\/III\/7\/5\/64.2-744","metadata":false},{"id":59106,"structure_id":13993,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","url":"\/64.2-745\/","token":"64.2\/III\/7\/5\/64.2-745","metadata":false},{"id":78194,"structure_id":13993,"section_number":"64.2-745.1","catch_line":"Self-settled spendthrift trusts","url":"\/64.2-745.1\/","token":"64.2\/III\/7\/5\/64.2-745.1","metadata":false},{"id":83972,"structure_id":13993,"section_number":"64.2-745.2","catch_line":"Definitions; vacancies; right to withdraw","url":"\/64.2-745.2\/","token":"64.2\/III\/7\/5\/64.2-745.2","metadata":false},{"id":55071,"structure_id":13993,"section_number":"64.2-746","catch_line":"Discretionary trusts; effect of standard","url":"\/64.2-746\/","token":"64.2\/III\/7\/5\/64.2-746","metadata":false},{"id":70541,"structure_id":13993,"section_number":"64.2-747","catch_line":"Creditor's claim against settlor","url":"\/64.2-747\/","token":"64.2\/III\/7\/5\/64.2-747","metadata":false},{"id":83758,"structure_id":13993,"section_number":"64.2-748","catch_line":"Overdue distribution","url":"\/64.2-748\/","token":"64.2\/III\/7\/5\/64.2-748","metadata":false},{"id":62195,"structure_id":13993,"section_number":"64.2-749","catch_line":"Personal obligations of trustee","url":"\/64.2-749\/","token":"64.2\/III\/7\/5\/64.2-749","metadata":false}],"previous_section":{"id":65426,"structure_id":13993,"section_number":"64.2-744","catch_line":"Exceptions to spendthrift provision","url":"\/64.2-744\/","token":"64.2\/III\/7\/5\/64.2-744","metadata":false},"next_section":{"id":78194,"structure_id":13993,"section_number":"64.2-745.1","catch_line":"Self-settled spendthrift trusts","url":"\/64.2-745.1\/","token":"64.2\/III\/7\/5\/64.2-745.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-745\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapter 614<\/a>; in 2023, chapters 148<\/a> and 149<\/a>.<\/p>","references":[{"id":65426,"section_number":"64.2-744","catch_line":"Exceptions to spendthrift provision","order_by":null,"url":"\/64.2-744\/"},{"id":55071,"section_number":"64.2-746","catch_line":"Discretionary trusts; effect of standard","order_by":null,"url":"\/64.2-746\/"}],"refers_to":false,"permalink":{"id":274371,"object_type":"law","relational_id":59106,"identifier":"64.2-745","token":"64.2\/III\/7\/5\/64.2-745","url":"\/64.2-745\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-745\/","token":"64.2\/III\/7\/5\/64.2-745","dublin_core":{"Title":"Certain claims for reimbursement for public assistance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-745","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any contrary provision in the trust instrument<\/span>, if a statute<\/span> or regulation of the United States<\/span> or Commonwealth requires a beneficiary<\/span> to reimburse the Commonwealth or any agency or instrumentality thereof, for public assistance, including medical assistance, furnished or to be furnished to the beneficiary<\/span>, the Attorney General<\/span> or an attorney acting on behalf of the state<\/span> agency responsible for the program may file a petition<\/span> in the circuit<\/span> court<\/span> having jurisdiction<\/span> over the trustee<\/span> requesting reimbursement. The petition<\/span> may be filed prior to obtaining a judgment<\/span>. The beneficiary<\/span>, the guardian<\/span> of his estate, his conservator<\/span>, or his committee shall be made a party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Following its review of the circumstances of the case, the court<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Order<\/span> the trustee<\/span> to satisfy all or part of the liability out of all or part of the amounts to which the beneficiary<\/span> is entitled, whether presently or in the future, to the extent the beneficiary<\/span> has the right under the trust to compel the trustee<\/span> to pay income or principal to or for the benefit of the beneficiary<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Regardless of whether the beneficiary<\/span> has the right to compel the trustee<\/span> to pay income or principal to or for the benefit of the beneficiary<\/span>, order<\/span> the trustee<\/span> to satisfy all or part of the liability out of all or part of any future payments that the trustee<\/span> chooses to make to or for the benefit of the beneficiary<\/span> in the exercise of discretion under the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A duty in the trustee<\/span> under the instrument to make disbursements in a manner designed to avoid rendering the beneficiary<\/span> ineligible for public assistance to which he might otherwise be entitled, however, shall not be construed as a right possessed by the beneficiary<\/span> to compel such payments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> shall not issue<\/span> an order<\/span> pursuant to this section if the beneficiary<\/span> is a person<\/span> who has a medically determined physical or mental disability that substantially impairs his ability to provide for his care or custody<\/span>, and constitutes a substantial disability. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN CLAIMS FOR REIMBURSEMENT FOR PUBLIC ASSISTANCE (\u00a7 64.2-745)\n\nA. Notwithstanding any contrary provision in the trust instrument, if a statute\nor regulation of the United States or Commonwealth requires a beneficiary to\nreimburse the Commonwealth or any agency or instrumentality thereof, for public\nassistance, including medical assistance, furnished or to be furnished to the\nbeneficiary, the Attorney General or an attorney acting on behalf of the state\nagency responsible for the program may file a petition in the circuit court\nhaving jurisdiction over the trustee requesting reimbursement. The petition may\nbe filed prior to obtaining a judgment. The beneficiary, the guardian of his\nestate, his conservator, or his committee shall be made a party.\n\nB. Following its review of the circumstances of the case, the court may:\n\n 1. Order the trustee to satisfy all or part of the liability out of all or\n part of the amounts to which the beneficiary is entitled, whether presently or\n in the future, to the extent the beneficiary has the right under the trust to\n compel the trustee to pay income or principal to or for the benefit of the\n beneficiary; or\n\n 2. Regardless of whether the beneficiary has the right to compel the trustee\n to pay income or principal to or for the benefit of the beneficiary, order the\n trustee to satisfy all or part of the liability out of all or part of any\n future payments that the trustee chooses to make to or for the benefit of the\n beneficiary in the exercise of discretion under the trust.\n\nC. A duty in the trustee under the instrument to make disbursements in a manner\ndesigned to avoid rendering the beneficiary ineligible for public assistance to\nwhich he might otherwise be entitled, however, shall not be construed as a right\npossessed by the beneficiary to compel such payments.\n\nD. The court shall not issue an order pursuant to this section if the\nbeneficiary is a person who has a medically determined physical or mental\ndisability that substantially impairs his ability to provide for his care or\ncustody, and constitutes a substantial disability.\n\nHISTORY: 2005, c. 935, \u00a7 55-545.03:1; 2012, c. 614; 2023, cc. 148, 149.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}