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Page 10 of 11 § 10:71-4.4 Excludable resources September 1, 2013. P.M. v. DMAHS, OAL DKT. NO. HMA18597-13, AGENCY REF. NO. 9020032129-01, 2014 N.J. AGEN LEXIS 291, Initial Decision (May 12, 2014). Medicaid applicant's irrevocable trust arrangement was void because it violated New Jersey's public policy against shielding assets to become Medicaid eligible, pursuant to N.J.S.A. 30:4D-6(f), and therefore the trust res was considered an available resource. Because public policy considered the trust null and void, it was as if the trust assets were available to the applicant throughout the duration of the trust and at the time of the Medicaid application made on February 8, 2006; thus, the transfer of assets did not occur until February 8, 2006, pursuant to N.J.A.C. 10:71-4.10(m)1, and the penalty period for the transfer began on that date. J.S. v. DMAHS, OAL Dkt. No. HMA 4896-06, 2006 N.J. AGEN LEXIS 1054, Initial Decision (December 19, 2006). Initial Decision (2006 N.J. AGEN LEXIS 456) adopted, which concluded that a special needs trust, of which petitioner was a beneficiary, was an excludable resource under N.J.A.C. 10:71-4.4(b)6 for purposes of determining Medicaid Only eligibility because petitioner was not the grantor, the trust was not funded by any of petitioner's assets, a trustee other than petitioner had sole discretion to disburse trust funds, petitioner could not compel the distribution of the corpus or income, and petitioner was not the beneficiary of any remaining funds upon the trust's termination. A.M. v. DMAHS, OAL Dkt. No. HMA 8525-05, 2006 N.J. AGEN LEXIS 586, Final Decision (June 26, 2006). Initial Decision (2006 N.J. AGEN LEXIS 456) adopted, which concluded that a special needs trust established by a Medicaid recipient's father did not run afoul of N.J.S.A. 30:4D-6(f)2 by its provision that the trust was to supplement rather than supplant public assistance; the provision acknowledged receipt of public assistance to reinforce the grantor's intent that the trust was not for basic needs and it did not direct the trustee not to pay for health care if the recipient qualified for Medicaid. A.M. v. DMAHS, OAL Dkt. No. HMA 8525-05, 2006 N.J. AGEN LEXIS 586, Final Decision (June 26, 2006). Custodial bank accounts of Medicaid applicant's children were not available to applicant or her husband and thus were not countable resources in determining applicant's eligibility for the Nursing Home Medicaid program for the year in question; the accounts, created years before applicant's entry into the nursing home, were governed by the New Jersey Uniform Transfers to Minors Act, N.J.S.A. 46:38A-1 et seq. L.A.S. v. Union County Div. of Soc. Servs., OAL Dkt. No. HMA 1215-05, 2006 N.J. AGEN LEXIS 348, Initial Decision (April 26, 2006). Initial Decision (2005 N.J. AGEN LEXIS 669) adopted, which concluded that a July 7, 1993 irrevocable trust, which had entitled the Medicaid applicant to payments at the discretion of the trustee and terminated that discretion upon the applicant becoming a nursing home resident, had to be counted as an available resource notwithstanding that the trust was a pre-August 11, 1993 trust. L.C. v. DMAHS, OAL Dkt. No. HMA 3857-05, 2005 N.J. AGEN LEXIS 1475, Final Decision (December 7, 2005). Testamentary trust income not includable as income in determining Medicaid eligibility. McKenna v. Division of Medical Assistance and Health Services and Essex County Department of Citizen Services, 97 N.J.A.R.2d (DMA) 42. Trust which terminated benefits upon institutionalization counted as eligible resource for Medicaid eligibility purposes. P.J. v. Division of Medical Services and Health Services, 97 N.J.A.R.2d (DMA) 9. Home was non-liquid resource excluded from determining Medicaid eligibility as long as applicant agreed to liquidate within six months of application date. J.N. v. Division of Medical Assistance, 95 N.J.A.R.2d (DMA) 55. Securities transferred by recipient were not a resource for Medicaid eligibility when solely for purpose of repaying a loan. W.B. v. Dmahs & Atlantic County, 95 N.J.A.R.2d (DMA) 17. Proceeds from sale of residence were not "available" to nursing facility resident for Medicaid purposes. N.P. v. DMAHS, 93 N.J.A.R.2d (DMA) 103.