Page 30
more other persons known as “trustees.” The grantor is thus unable to enact changes in the trust. 4. Principal versus earnings and interest – In general: a. Principal. The trust principal is the property placed in trust by the grantor that the trustee holds, subject to the rights of the trust beneficiary, plus any trust earnings paid into the trust and left to accumulate the month following the month of a distribution. b. Earnings or interest. Trust earnings/interest are amounts of income derived from trust principal, such as interest, dividends, royalties, or rents. These amounts are unearned income to the trust beneficiary if he or she is legally able to use them for personal support and maintenance. 5. Medicaid eligibility category – Available income and resources from a trust are counted only once during the determination of eligibility for Medicaid health coverage. Accordingly, the State does not reconsider available income and/or resources from a trust that was included in the determination of financial eligibility for SSI. 6.11.1 Qualifying Trusts – Established Prior to August 11, 1993 A. A trust, or similar legal device, is called a Medicaid qualifying trust (MQT) when the following conditions have been met: 1. Date – The trust was established prior to August 11, 1993; 2. Grantor – Established by the Medicaid LTSS applicant or someone acting on the applicant’s behalf including the applicant’s spouse, or a legal guardian or authorized representative; 3. Source – The source of the trust is either funds owned by the grantor or funds the grantor is entitled to use; 4. Type of trust – The trust is a living trust that was not established by a last will and testament; 5. Trust beneficiary – The trust names the Medicaid LTSS applicant to be the trust beneficiary of all or part the trust and the discretionary or required payments or distributions from the trust; 6. Distribution – Trustee discretion. The terms of distribution under the trust give one (1) or more trustees the discretion to distribute payments to the trust beneficiary and set limits on the discretion of the trustee(s) therein;