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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 120 While a trustee may have discretion to use the trust principal for the benefit of the beneficiary, the trustee should be considered a third party and not an agent of the beneficiary, i.e., the actions of the trustee are not the actions of the beneficiary, unless the trust specifically so provides. 65.1.6. Trust Earnings (Income) Trust earnings or income are amounts earned by the trust principal. They may take such forms as interest, dividends, royalties, rents, etc. These amounts are unearned income to the person (if any) legally able to use them for personal support and maintenance. See Chapter I - 64. 65.1.7. Trustee A trustee is a person or entity who holds legal title to property. Actions of a trustee are to be considered actions of a third party. The trustee is not an agent for the individual. In most instances, the trustee has no legal right to revoke the trust or use the property for his/her own benefit. If the trustee has the legal authority to withdraw and use the trust principal for his/her own support and maintenance, the principal is the trustee's resource for AG purposes in the amount that can be used. 65.1.8. Trust Principal The principal (corpus) of the trust is all property and other interests held by the trust, including accumulated earnings and any other additions, such as new deposits, to the trust after its establishment. Earnings or additions are not included in the principal in the month that they are credited or transferred into the trust because they are considered under income counting rules in that month. 65.2. Assistant Attorney General Evaluation Required Trusts are complex legal arrangements involving State law and legal principles that a worker should not apply without legal counsel. Therefore, trusts must be evaluated by a Virginia Assistant Attorney General (AAG). Exception: The AAG has reviewed many common burial trust documents and has issued guidelines for their evaluation. Burial trusts established on the previously reviewed and approved documents do not have to be submitted for the AAG’s