This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual.
Medical Assistance Qualifying Trusts
Client-funded trusts established prior to August 11, 1993, the effective date in the Omnibus Reconciliation Act of 1993, continue to be analyzed by the law in place prior to that time.
A Medical Assistance (MA) Qualifying Trust must meet all of the following criteria:
- It is not established by will.
- The trust is funded with the assets or income of the person or the person’s spouse.
- It is established by one or more of the following:
- The person
- The person’s spouse
- A person, including a court or administrative body, with legal authority to act in place of or on behalf of the person or the person’s spouse
- A person, including any court or administrative body, acting at the direction or upon the request of the person or the person’s spouse
- It was established before August 11, 1993.
The maximum amount that a trustee is permitted to disburse to the person under the terms of the trust agreement is considered an available asset.
Payments from the trust income or trust corpus made to or for the benefit of the person is income to the person.
Minnesota Statutes, section 256B.056, subdivision 3b
CREDIT: The content of this post has been copied or adopted from the Minnesota Healthcare Programs Eligibility Policy Manual, originally published by the Minnesota Department of Human Services.
This is also part of a series of posts on Minnesota Healthcare Eligibility Policies.