5622 Hardship Provision

For irrevocable trusts established after August 10, 1993 and which are not exempted, if consideration of the trust results in ineligibility for the individual, the provisions of 5620 shall be waived if such action is necessary to avoid undue hardship. In order to grant hardship, the individual must verify that he or she has exhausted all legal remedies for gaining complete access to the principal as well as income of the trust and that all other nonexempt assets have been expended to meet living and medical expenses, including those amounts protected under the allowable resource levels. (See 5130 .)

There is no hardship provision for trusts established on or before August 10, 1993.