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N.J.A.C. 10:71-4.11 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 57 No. 12, June 16, 2025 NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 71. MEDICAID ONLY > SUBCHAPTER 4. RESOURCES § 10:71-4.11 Trusts (a) For purposes of this subchapter, effective June 18, 2001, a trust is any legal instrument, device, or arrangement which is similar to a trust, in which a grantor transfers property to an individual or entity with fiduciary obligations (considered to be a trustee for purposes of this section). The grantor transfers the property with the intention that it be held, managed, or administered by the trustee for the benefit of the grantor or others. For the purposes of this chapter, a trust shall include, but not be limited to, escrow accounts, annuities, investment accounts, and other similar devices managed by an individual or entity with fiduciary obligations. (b) The standards set forth in this section shall apply to trusts without regard to: 1. The purposes for which the trust is established; 2. Whether the trustee(s) has discretion or exercises such discretion under the trust; 3. Any restrictions on when or whether distribution can be made from the trust; or 4. Any restrictions on the use of distributions from the trust. (c) Definitions, for the purposes of this section, shall be as follows: 1. A grantor shall be any individual who creates a trust. This section shall apply only to situations in which the grantor is: i. The individual; ii. The individual's spouse; iii. A person, including a court or administrative body, with legal authority to act in place of, or on behalf of, the individual or the individual's spouse; or iv. A person, including a court or administrative body, acting at the direction or upon the request of the individual or the individual's spouse. 2. A revocable trust is a trust which can, under State law, be revoked by the grantor. A trust, which provides that the trust can be only modified or terminated by a court, is considered to be a revocable trust, since the grantor (or his or her representative) can petition the court to terminate the trust. Also, a trust that declares itself to be irrevocable, but which terminates upon conditions relating to the grantor during his or her lifetime, shall be, for the purposes of this section, considered to be revocable. For example, a trust may require a trustee to terminate a trust and disburse the funds to the grantor if the grantor leaves a nursing facility. Such a trust shall be considered to be revocable. 3. An irrevocable trust is a trust which cannot, in any way, be revoked by the grantor. 4. A beneficiary is any individual or individuals designated in the trust instrument as benefiting in some way from the trust. The term "beneficiary" shall not include the trustee or any other individual whose benefit consists only of reasonable fees or payments for managing or administering the trust. The