The OP is Alabama, one of the states that DOES allow miller trusts
Helpful Answer (0)
Reply to worriedinCali

Not every state allows for Miller trusts. They are not legal in Pa.
Helpful Answer (0)
Reply to anonymous840695
anonymous903302 May 22, 2019
Wow. That's a shame. Really.
See 1 more reply
I agree with mollymoose.

A Miller Trust is sometimes also called a Qualified Income Trust.

Please have an elder care attorney prepare this for you. And, read it carefully.

With my mother, we set this type of trust up at the same time that her assets were low enough so that we applied for her to have Medicaid "at home," and immediately went to the bank and opened up a non-interest bearing account (that's required in Florida) and then each month moved all income above the Florida monthly income limit into that bank account. Your mother chooses a trustee. I am my mother's trustee. The trustee can do everything, so, your mother does not have to worry about mathematical things and transfers.

There are different laws (rules: all stated in the trust document) for what can be done with the funds in that trust bank account when (1) your mother is still at home, but receiving at home Medicaid, and (2) after she goes into a nursing home and transfers that at-home Medicaid to nursing home/LTC status.

The trust document is basically standard. Which means that you should not have to pay more than a few hundred, even less, for a local elder care attorney to prepare it for you. I suggest that you have that attorney also be the Notary. Yes, it does have to be notarized. That's a bit of protection because it means that the attorney communicated with your mother directly, met her and watched her sign. Also needs 2 witnesses (at least in Florida).

It probably sounds complicated but once it's all set up, it's easy. And, be really nice to the elder care attorney, so that after the document is all done you can get some questions, if you have them, answered for free. Just a tip.
Helpful Answer (0)
Reply to anonymous903302

Agreeing with MollyMoose here. You need to look into what your state requires and what the income limits are. I was concerned that my mom's SSI would be too much for her to qualify but our elder attorney assured us that she can qualify (providing I start working on her 5 year lookback and stop merging our expenses so much - opps). It's a lot of work, but I think in the end it's worth it all.
Helpful Answer (0)
Reply to kirahfaye

Yes, it can. But different states have different income limits. If you’re looking to put her in a nursing home, some states have something called a Miller Trust. You might need to consult an elder care attorney. Also, if you give a bit more detail, someone here might can give you more information.
Helpful Answer (1)
Reply to mollymoose

Ask a Question

Subscribe to
Our Newsletter