003.05(A)(vi)(2)(g)(iv) EXCEPTIONS.

(1) The assets of an irrevocable trust are not available if the trust is established for a disabled applicant or client 64 years old or younger who is receiving or eligible to receive Supplemental Security Income, Retirement, Survivors, and Disability Insurance, or Medicaid in the Aged, Blind, or Disabled category and is a: (a) Special needs trust: A trust which meets all of the following requirements: (i) Contains the assets of the applicant or client; (ii) Established solely for the benefit of the applicant or client; (iii) Established by the applicant or client (if established on or after December 13, 2016); a parent, grandparent, or legal guardian of the applicant or client; or, a court; and (iv) The state will receive all amounts remaining in the trust upon the death of the applicant or client or on termination of the trust up to the amount of total medical assistance paid on behalf of the applicant or client; or (b) Pooled trust: A trust containing the assets of the applicant or client which meets all of the following requirements: (i) Established and managed by a non-profit association; (ii) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of assets, the trust pools these accounts; (iii) Accounts in the trust are established solely for the benefit of individuals who are blind or disabled; and (iv) The trust provides to the extent any amounts remaining in the applicant’s or client’s account on his or her death are not retained by the trust, the trust will pay to the state the amount remaining up to the amount of total Medicaid paid on behalf of the applicant or client. (c) The assets of an irrevocable trust are not available if denial of assistance would cause undue hardship.