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o established from the AG's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational; or o medical expense of any person named by the AG creating the trust; or o established from non-AG funds by a non-AG member.

* One example of an exempt trust would be an Arc Trust which is a trust administered by

The Arc of Indiana for an individual with special needs. 2615.75.10 TRUST FUNDS (C)

Trust funds are normally considered available if the recipient is the creator (settlor) of a revocable trust. Questions regarding the availability of trust funds are to be referred to the DFR attorney for a decision. 2615.80.00 LEGAL GUARDIANSHIP/REPRESENTATIVE PAYEE (C)

An individual who serves as legal guardian/representative payee for another person is responsible for administering that person's funds and will be listed in bank records as having access to the person's bank accounts.

Resources that are managed by an individual's legal guardian, representative payee, or other person acting as an agent on behalf of the applicant/recipient are counted as resources to the individual.

The resources are not counted as being available to the guardian/payee for their own use. However, the resources must be held in a form that clearly shows the resource belongs to another individual. For example, a bank account that is held by the guardian/payee must be clearly designated as being administered by the guardian/payee on another person's behalf. 2615.80.05 GUARDIANSHIP ACCOUNTS (S)

Any funds held by a guardian on behalf of another AG member or ineligible member shall be considered inaccessible as indicated in the court order.

If the document establishing the guardianship designates that funds can be withdrawn for specific reasons (clothing, medical expenses) or a certain amount can be withdrawn each year the funds are not countable unless/until they are withdrawn. 2615.85.00 RETROACTIVE PAYMENTS (S)

Payments for a past period of time are always considered resources. If a retroactive payment is received in addition to a payment for a current month, only the retroactive payment is a resource; the current month payment is income. (Refer to Section 2615.65)