Lawsmith

Elder Law

Qualified Income Trust (Miller Trust)

The income trust a state with an income cap requires before long-term care Medicaid can be approved.

Try 5 documents freeDraft a sample

What you get

  • An editable Word document, drafted from your answers and the state's official text.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The beneficiary

  • Client's full legal name
  • Age, health and care

The income

  • Monthly income
  • Income to be deposited each month
  • Who signs as trustor
  • Trustee and successor
  • Trust bank account

Terms

  • Monthly payments from the trust
  • Other instructions or open decisions

Where it is offered

Only where the law provides for it:

DelawareFloridaNew JerseyOhioTexas

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
Delaware18
Florida15
New Jersey19
Ohio17
Texas18

Among them, for New Jersey:

  • N.J.A.C. 10:71 Medicaid Only (full chapter as published by the Department of Human Services).
  • N.J.A.C. 10:71-4.11 Trusts (DMAHS publication of the Medicaid Only trust rule).
  • 42 U.S.C. § 1396p. Liens, adjustments and recoveries, and transfers of assets (U.S. Code text with notes)
  • 42 U.S.C. § 1396r-5. Treatment of income and resources for certain institutionalized spouses
  • 42 C.F.R. § 435.725. Post-eligibility treatment of income of institutionalized individuals in SSI States

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

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