Senior citizens usually have access to at least one federal benefits program, including medical and social security. All seniors over 65 years old can apply for the Medicaid medical care benefit.
There are times when an applicant's income surpasses the legal limit for Medicaid eligibility. A qualifying income only trust in Arizona (aka Miller trust) must be established with the applicant's income in order for them to be eligible for long-term nursing home care benefits.
To assist you with the complexities of setting up a Miller trust, it is essential that you consult an elder law attorney. After the approval of the Medicaid application, the trust income will be distributed according to the state's department responsible for family services.
The state allows the applicant to keep a portion of the income. If the spouse's income is below that amount, the state will allow them to deduct some of the income from their spouse.
An elderly person may also use the Miller trust's excess income to pay a set amount for nursing home care. The state's Medicaid has the right to reimburse excess funds if there is still money in the account.
This whole process can sound very complex, so it is important to have a skilled and experienced elder law attorney. Not only will the lawyer help with the trust creation, but he/she'll also provide detailed explanations for each step so that the applicant can fully understand it.
The trust must also be managed according to certain rules. Contact the Arizona lawyer who has experience in helping clients set up miller trusts.