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jdf13151 Asked November 2015

Can a senior person have money in a trust fund and does it affect their Medicaid in any way?

This would be a joint trustee account.  I am her sister and the trustee of her trust account .My sister lives in Florida. This does not involve very much money but I want to use it to provide for her needs with out affecting her current living situation. She would never have access to it. I am distributing it to her as her needs am not her legal guardian.

Reverseroles Nov 2015
unless its been in an irrevocable trust for 5 years, yes its counted. Not sure where you live but here it is. A trust is money, just like a home, and they put a lein on it. Get a lawyer.

pamstegma Nov 2015
Trusts do affect Medicaid eligibility. Carefully read the Florida rules and see if the structure of the existing trust complies with their regulations. See a Florida Elder Law attorney before you change anything.

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GardenArtist Nov 2015
JD, some clarifications of the situation would help. You state that you're "trustee of her trust account" as well as that it "would be a joint trustee account."

I'm assuming you're referring to a bank account, established pursuant to a trust that's already in existence? If so, who is the other joint trustee? Do either of you have power to act individually, or does the trust require that you actin concert?

Who established the created the trust, and what role does that person have? Is this a Special Needs Trust?

Is your sister already getting Medicaid, or are you inquiring because you want to apply for her?

More information will help others answer your questions.

freqflyer Nov 2015
It would depend on how that State works it Medicaid branch on what is allowed or not. Every State has their own rules and they are constantly changing.

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