Wayne Michigan Miller Trust Forms for Assisted Living

Category:
State:
Multi-State
County:
Wayne
Control #:
US-02035BG-1
Format:
Word; 
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Description

A trustor is the person who creates a trust. A trustor is also called a grantor, donor or settlor. A trust is a separate legal entity that holds property or assets of some kind for the benefit of a specific person, group of people or organization known as the beneficiary/beneficiaries.

Wayne Michigan Miller Trust Forms for Assisted Living are legal documents designed to help individuals with high income and limited assets qualify for Medicaid assistance in paying for assisted living services. This trust is specific to the state of Michigan and is named after the court case Miller v. ISARA that established its use. There are different types of Wayne Michigan Miller Trust Forms for Assisted Living that can be utilized, depending on the individual's financial situation and requirements. These forms include: 1. Irrevocable Miller Trust: This is the most common type of Miller Trust used in Michigan. It is established by the individual requiring assisted living services and must follow specific guidelines set by the state. Once created, the trust cannot be revoked or modified. 2. Income-Only Miller Trust: This form of Miller Trust is designed for individuals whose income exceeds the Medicaid eligibility threshold but have limited assets. It allows the excess income to be placed into the trust to bring their income below the limit, thereby qualifying for Medicaid. 3. Qualified Income-Only Miller Trust: This type of Miller Trust is for individuals who are medically eligible for nursing home level of care but wish to receive services in an assisted living facility. It allows individuals to retain a portion of their income while still qualifying for Medicaid. 4. Pooled Miller Trust: This form of Miller Trust is useful for individuals who are over the income limit for Medicaid, have limited assets, and wish to receive assisted living services. It combines the resources of multiple beneficiaries into a single trust account administered by a nonprofit organization. The purpose of Wayne Michigan Miller Trust Forms for Assisted Living is to help individuals who would otherwise have to spend down their assets to become eligible for Medicaid. By establishing a Miller Trust, individuals can protect their income and assets to ensure they receive the necessary assisted living services while still qualifying for Medicaid coverage. It is crucial to consult with an experienced attorney specializing in elder law or Medicaid planning to ensure the proper establishment and administration of a Miller Trust in Wayne, Michigan.

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FAQ

To do so, you must set up a special kind of trust known as a "Miller Trust." Miller Trusts are also called "Medical Assistance Income Trusts" in state and federal statutes or regulations....To apply for help from Iowa Legal Aid: Call 800-532-1275. Iowans age 60 and over, call 800-992-8161. Apply online at iowalegalaid.org.

Qualified Income Trusts (QIT), also referred to as Miller Trusts, are intended for those who have an income greater than qualifications for Medicaid allow, yet don't have enough income to pay for long term care. With QIT's, an individual's excess income is directly deposited each month into a restricted funds account.

To establish a QIT, the applicant must: Complete and sign a QIT legal document. Open a separate account (usually a checking account) to use for the QIT. Deposit enough income into the QIT account so their remaining income is below the Medicaid Cap amount.

Once a Qualified Income Trust (QIT) has been prepared and signed, the Trustee must establish and maintain a separate bank account in the name of the QIT. The account can be established at any banking institution. Prior to going the bank to open the account, it is a good idea to call your bank and make an appointment.

In 2022, this is $2,523 / month for an individual. A portion, or all of one's income, can be directly deposited into a Miller trust and it is not counted towards Medicaid's income limit. Therefore, this option allows an applicant to become income eligible.

How do I open a QIT bank account? A QIT bank account is set up at a bank. The DMAHS website provides guidance to the individuals going to the bank and a bank memo to provide to the bank officer. You can bring the memo to the bank to help establish these accounts.

Upon Death, Assets in a QIT Will be Given to the State Any funds that remain after the state has been reimbursed will be paid to other trust beneficiaries. Normally, all deposited income is spent each month, so most QITs are usually empty at the time of the applicant's death.

The trust account will be used to pay the Medicaid income spend down and any other medical expenses not covered by Medicaid or other insurance. For example, payment of a health insurance premium, such as a Medicare supplemental insurance premium, is allowed.

In 2022, this is $2,523 / month for an individual. A portion, or all of one's income, can be directly deposited into a Miller trust and it is not counted towards Medicaid's income limit. Therefore, this option allows an applicant to become income eligible.

A Miller Trust is specifically designed to qualify an individual for Medicaid benefits by diverting all income into the trust. Income diverted to the trust is not counted as income for purposes of Medicaid eligibility when attempting to qualify for nursing home care. A Miller Trust can only hold the applicant's income.

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Wayne Michigan Miller Trust Forms for Assisted Living