Page 169

CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

169 a. The individual or the individual's spouse; b. A person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual’s spouse; or c. Any person court or administrative body acting at the direction of or upon the request of the individual or the individual's spouse. 3. In determining an individual's eligibility for Medical Assistance, the following regulations apply to a trust established by an individual: a. An individual shall be considered to have established a trust if assets of the individual were used to form all or part of the corpus of the trust, and if any of the following individuals established the trust, other than by will: i) The individual or the individual's spouse; ii) A person, including a court or administrative body, with legal authority to act in place of, or on the behalf of, the individual or the individual's spouse; or iii) A person, including a court or administrative body acting at the direction or upon the request of the individual or the individual's spouse. b. In the case of a trust, the corpus of which includes assets of an individual and the assets of any other person(s), this regulation shall apply to the portion of the trust attributable to the assets of the individual. c. These regulations apply without regard to the following: i) The purposes for which a trust is established, ii) Whether the trustees have or exercise any discretion under the trust, iii) Any restrictions on when or whether distributions may be made from the trust, or iv) Any restrictions on the use of distributions from the trust.

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Page 169

Official source

CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

169 a. The individual or the individual's spouse; b. A person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual’s spouse; or c. Any person court or administrative body acting at the direction of or upon the request of the individual or the individual's spouse. 3. In determining an individual's eligibility for Medical Assistance, the following regulations apply to a trust established by an individual: a. An individual shall be considered to have established a trust if assets of the individual were used to form all or part of the corpus of the trust, and if any of the following individuals established the trust, other than by will: i) The individual or the individual's spouse; ii) A person, including a court or administrative body, with legal authority to act in place of, or on the behalf of, the individual or the individual's spouse; or iii) A person, including a court or administrative body acting at the direction or upon the request of the individual or the individual's spouse. b. In the case of a trust, the corpus of which includes assets of an individual and the assets of any other person(s), this regulation shall apply to the portion of the trust attributable to the assets of the individual. c. These regulations apply without regard to the following: i) The purposes for which a trust is established, ii) Whether the trustees have or exercise any discretion under the trust, iii) Any restrictions on when or whether distributions may be made from the trust, or iv) Any restrictions on the use of distributions from the trust.