Miller Trusts

Effective December 1, 2014, in order to qualify for Medicaid, the applicant whose income exceeds the monthly income cap under the Medicaid program must create a Miller Trust. The excess monthly income is essentially placed into a self-created Miller Trust and paid directly to the nursing home each month by the designated trustee.

Effective December 1, 2014, in order to qualify for Medicaid, the applicant whose income exceeds the monthly income cap under the Medicaid program must create a Miller Trust. The excess monthly income is essentially placed into a self-created Miller Trust and paid directly to the nursing home each month by the designated trustee.

Under the existing Medicaid regulations, any monies under the monthly income cap would also be paid to the nursing home, but subject to certain allowable deductions. For example, if there is a community spouse with low income, a portion of the applicant’s income can be paid to that spouse. That is not the case for the Miller Trust. Any monies above the monthly income cap must be paid to the Miller Trust and then to the nursing home directly.

When the Medicaid recipient creates the state mandated Miller Trust, a separate bank account in the trust name has to be opened by the trustee. None of the Medicaid beneficiary’s monies may be commingled with the trust.

If you have any questions concerning qualifying for Medicaid, contact an experienced elder law attorney who is knowledgeable about creating Miller trusts and Medicaid qualification.  The attorneys at the Law Offices of Hunziker, Jones & Sweeney handle elder law matters including the creation of Miller Trusts.  Contact the firm for representation you can rely on at (973) 256-0456.

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