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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 123 • The pooled trust is established and maintained by a nonprofit association; • Separate accounts are maintained for each beneficiary, but assets are pooled for investing and management purposes; • Accounts are established solely for the benefit of the disabled individual; • The account in the trust is established by the individual, a parent, grandparent, legal guardian, or a court; and • The trust provides that to the extent any amounts remaining in the beneficiary's account upon the death of the beneficiary are not retained by the trust, the trust will pay to the State the amount remaining up to an amount equal to the total amount of medical assistance paid on behalf of the beneficiary under a State Medicaid plan. 66.5. Assistant Attorney General Evaluation All trusts, with the exception of some burial trusts, must be evaluated by a Virginia Assistant Attorney General (AAG). Forward a copy of the trust along with other appropriate documents to the area AG consultant. The consultant will evaluate the documents and forward them to the AAG when appropriate. 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. 66.6. Trusts Which Are Resources 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. 66.6.1. Trust Principal When the trust principal is a resource, its value is determined by evaluating each asset in the trust. Each asset’s countable value is determined by applying the resource policy and exclusions that are specific to the type of asset being evaluated. The total countable value of all trust assets is the countable resource value of the trust. Note: 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. See Unearned Income Chapter I.