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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 130 67.2.1. Exculpatory Clause No clause or requirement in the trust, no matter how specifically it applies to AG or other Federal or State program (i.e., exculpatory clause), precludes a trust from being evaluated under the rules in this section. Note: While exculpatory clauses, use clauses, trustee discretion and restrictions on distributions, etc. do not affect a trust's countability, they do have an impact on how the various components are treated. For example, a prohibition in a discretionary irrevocable trust that limits the trustee to distributing no more than $10,000 to an individual has no effect on whether or not the trust is countable, but limits the amount that is countable to $10,000. 67.3. Verification 67.3.1. Written Trust Obtain a copy of the trust document and related documents. 67.3.2. Oral Trusts Obtain from all parties signed statements describing the arrangement. Note: Virginia does recognize oral trusts as binding. 67.3.3. Written and Oral Obtain from the trustee: • A statement to include o The name of the grantor(s) – the individual(s) whose funds/property were used to establish the trust. o The amount of cash or the value of property each grantor placed in the trust, initially and subsequently. o The date the trust was established. o The date the individual first transferred his/her assets into the trust. • Verification of