 “Best interest” is generally not defined, which gives judges flexibility to make a subjective determination on a case-by-case basis.Some state laws may require that the judge look at factors such as the “purpose of the intended use of the funds,” the payee's mental and physical capacity, and the seller's potential need for future medical treatment.One Minnesota court described the “best interest standard” as a determination involving “a global consideration of the facts, circumstances, and means of support available to the payee and his or her dependents.”

Courts have consistently found that the “best interest standard” is not limited to financial hardship cases.