Using a Miller Trust to Qualify for Medicaid

What is a Miller Trust?

To qualify for Medicaid nursing home care, an individual can receive no more than $2,022in Social Security, pension, and other monthly income. However, if your monthly income is above the limit, it is still possible to qualify for Medicaid by using a Miller Trust, or Qualified Income Trust (QIT).

The Stone Law Firm can assist you with creating a Miller Trust. We will draft a trust agreement to create the trust and guide you through the steps for creating and administering the trust. Nancy Stone, JD, MPH has the experience and expertise to assist you with creating a Miller Trust or QIT to obtain Medicaid nursing home benefits.

The QIT trust agreement must be signed by the Medicaid applicant and the trustee, who is usually a spouse, adult child, or caregiver. Next the trustee opens a trust bank account and deposits the applicant’s income into the account each month. The trustee must write certain checks each month, in accordance with Medicaid rules. If any extra funds accumulate in the trust, they are paid to Medicaid when the beneficiary dies, to repay the program for services provided to the beneficiary. Although some income is lost, the beneficiary receives more benefits than his or her income could otherwise purchase. The use of a Miller Trust, or Qualified Income Trust, is completely legal and has been approved by the U.S. Congress.

Can Property be Transferred to a Miller Trust?

A Miller Trust is used if the individual’s income is too high to qualify for Medicaid. The amount of resources, or property, that an individual or married couple can have is also limited by Medicaid. A Miller Trust cannot be used to spend down resources, property, or assets, in order to qualify for Medicaid. Yet there are other legal options that allow married couples and individuals to preserve hard-earned savings and other assets, and still qualify for Medicaid.

Medicaid Resource Limits, Look-Back Period, Estate Recovery & Other Questions

You may have many other questions about long-term care when a spouse, parent, or other family member has Alzheimer’s, stroke, or another disabling condition that may require long-term care, such as:

- How much property does Medicaid allow an individual or married couple to keep?

- What is the look-back period for giving away assets? What are the exceptions?

- How can I protect my home from Medicaid Estate Recovery?

Please call 713.425.4936 today for a free consultation on how to qualify for Medicaid and long-term care assistance.