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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 122 • A trust established by an individual prior to 1/1/00 but added to on or after 1/1/00 is still considered to be established prior to 1/1/00. (Additions to such a trust may be considered a transfer of resources. See Transfer To Trust Established With Individual's Resources Chapter G – 10. 66.2. Trusts Established by Third Parties (Prior To And After 1/1/00) A third-party trust is a trust established for the benefit of the individual with the assets of anyone other than the individual (or spouse). For example, a third- party trust may be established by a grandparent for a grandchild. Trusts established by someone other than the individual (or spouse) with the individual’s (or spouse’s) assets are not third party trusts. • If at any point after1/1/00, the individual's assets are added to a third party trust, the individual’s portion of the trust must be evaluated under Trust Policy B???? 66.3. Special Needs Trusts Established under Section 1917(d)(4)(A) of the Act • Revocable or irrevocable established prior to 1/1/00 • Revocable established on or after 1/1/00 A special needs trust is one: • That contains the assets of an individual under age 65 and who is disabled; and • That is established for the benefit of such individual by a parent, grandparent, legal guardian or a court; and • That provides that the State will receive all amounts remaining in the trust upon the death of the individual up to an amount equal to the total medical assistance paid on behalf of the individual under a State Medicaid plan. 66.4. Pooled Trusts Established under Section 1917(d)(4)(C) of the Act • Revocable or irrevocable established prior to 1/1/00 • Revocable established on or after 1/1/00 A Pooled Trust Established under Section 1917(d)(4)(C) of the Act is a trust containing the assets of a disabled individual which meets the following conditions: