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COMAR 10.09.24.01-.16 1692 State of Maryland Medical Assistance Manual Revised July 2012
(7) The trust does not permit distribution of trust assets upon termination of the trust that would hinder or delay reimbursement to the Department under §C(6) of this regulation;
(8) The trust does not place time limits, or any other limits, on the Department's claim for reimbursement under §C(6) of this regulation;
(9) The trust contains the following provisions:
(a) Additions may not be made to the trust after the beneficiary is 65 years old;
(b) Expenditures from the trust shall be used for the sole benefit of the beneficiary and shall be directly related to the beneficiary's health care, education, comfort, or support;
(c) The trust beneficiary may not serve as trustee, cotrustee, trust protector, trust advisor, or in any other capacity that would allow the beneficiary to influence or exercise authority or control over distributions from the trust;
(d) The trustee shall administer the trust in accordance with the provisions of Estates and Trusts Article, §15-502, Annotated Code of Maryland, and may not: (i) Have an interest in trust assets; (ii) Have discretion to use trust assets for the trustee's own benefit;
(iii) Self-deal by selling trust assets to the trustees or buying trust assets from the trustee; or
(iv) Loan trust assets to the trustee;
(e) Compensation to the trustee shall be limited in accordance with the provisions of Estates and Trusts Article, §14-103, Annotated Code of Maryland;
(f) Any leases or mortgages that the trust may hold shall contain a provision that they either terminate or become due and payable upon the death of the beneficiary or termination of the trust;
(g) If the trust owns titled property that is valued at more than $500, the property shall be titled in the name of the trust, except for securities, which may be held in the name of a nominee;
(h) If the trust owns an asset jointly with another, the ownership shall be as tenants in common, and the ownership agreement shall provide that, upon termination of the trust, the property shall either be sold for fair market value or the other owners shall purchase the trust's interest in the property for fair market value;
(i) Trust assets may not be held as an ongoing business or enterprise, or as investments in new or untried enterprises;