Page 132

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 121 review. If there is a question regarding the trust, submit the documents to the AG consultant who will determine the need to forward it on to the AAG. Forward a copy of the trust along with other appropriate documents to the area AG consultant. The consultant will forward the documents to the appropriate AAG and return his/her evaluation to the worker. Allow at least two weeks for a response. The worker will use the AAG’s evaluation to determine if the trust is or is not a resource. The AAG will determine if the • Individual (applicant or recipient) is grantor, trustee, or beneficiary; • Trust is revocable or irrevocable and, if so, whether the individual has authority to revoke the trust and to use the principal for his/her own support and maintenance; • Individual can direct the use of the trust principal for his/her support and maintenance; • Trust provides for payments to the individual or on his/her behalf; • Trust contains a spendthrift clause that prohibits anticipation of any trust payments ; and • Irrevocable trust established after 1/1/00 permits any payment under any circumstances to or for the benefit of the individual.

66. Trust Policy A Trusts may or may not be a resource. If an individual (applicant/recipient) has legal authority to revoke the trust and use the funds to meet his food, clothing or shelter needs, or if the individual can direct the use of the trust principal for his/her support and maintenance under the terms of the trust, the trust principal is a resource. If an individual does not have the legal authority to revoke the trust or direct the use of the trust assets the trust principal is not the individual's resource for AG purposes. This section of policy applies to the following types of trusts. 66.1. Trusts Established With The Assets Of An Individual (Or Spouse) Prior to 1/1/00 Trusts established with the assets of an individual (or spouse), any of which were transferred before 1/1/00.