003.05(A)(vi)(2)(g)(i) TRUSTS ESTABLISHED BEFORE AUGUST 11, 1993.

A Medicaid-qualifying trust is a trust or similar legal device established prior to August 11, 1993 by or legally on behalf of an applicant or client or the spouse of the applicant or client from the assets of the applicant or client or the spouse of the applicant or client under which the applicant or client or the spouse of the applicant or client is the beneficiary of all or some of the distributions from the trust and the trustee is permitted to exercise any discretion with respect to the amount to be distributed, with no use limitation, to the applicant or client or the spouse of the applicant or client. For a Medicaid qualifying trust, the maximum amount which could have been distributed from either the income or principal if the trustee had exercised full discretion under the terms of the trust is considered an available resource.