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if any portion of the trust is a countable resource as follows. This includes testamentary trusts created by the will of any individual, including a spouse. a. No Trustee Discretion If the terms of the trust do not allow for trustee discretion, count the portion of the trust principal and undistributed proceeds that could be disbursed to the a/b based on the terms of the trust. b. Trustee Discretion Contact the trustee to verify what he will make available. (1) Count the amount the trustee(s) agrees to make available. (2) If the trustee refuses to make any portion available, do not count any portion as a resource. c. Transfer of Resources Do not apply transfer of resource policy to the a/b since his assets were not used to create the trust. 2. When the a/b is the grantor and beneficiary of an irrevocable trust established prior to April 1, 1994 (formerly called a Medicaid Qualifying Trust or MQT), apply the following rules: a. Countable Resources Count the maximum portion of the trust principal and undistributed proceeds that could be disbursed to the a/b based on the terms of the trust. (1) If the terms specify trustee discretion, assume the trustee exercises full discretion and count the full amount that could be disbursed. This applies regardless of whether or not the maximum payments are actually made. (2) If the terms of the trust limit discretion to disburse when Medicaid eligibility will be affected (exculpatory clause) only count those resources which can be disbursed according to the terms of the trust. b. Transfer of Resources Apply transfer of resource policy to any portion of the trust that is unavailable or made unavailable for the benefit of the a/b according to the terms. Refer to MA-2240, Transfer of Assets, policy. 84