In the Matter of James S. Corn, a Disabled Person — Wood, J., Dissenting

Summary

The dissent would affirm the denial of Corn's petition on grounds different from those used by the circuit court. It reasons that a D4A trust cannot be self-settled and that a court cannot create a trust using assets owned and controlled solely by the proposed beneficiary. The dissent further concludes that the circuit court lacked authority to create a trust before one existed. Justices Baker and Hart joined the dissent, which would affirm the circuit court's result despite its erroneous reasoning.