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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 46 Chapter 24 Long Term Care
1. An individual has established a trust when his resources were used to form all or part of the corpus of the trust. 2. Any of the following persons established the trust for the individual by any vehicle other than by will: • Individual; • Individual's spouse; • A person, including a court or administrative body, with legal authority to act in place of, or on behalf of, the individual or the individual's spouse; or • A person, including any court or administrative body, acting at the direction of, or upon the request, of the individual or the individual's spouse. ➢ Excluded Trusts In the following four trust situations, the trust is totally excluded. In addition, establishment of these trusts is not treated as an uncompensated transfer of resources. 1. A trust containing the assets of an individual, under age 65, who is disabled, and which is established for his benefit by a parent, grandparent, legal guardian, or a court. The individual may establish the trust for himself on or after December 13, 2016. The exception continues even after the individual becomes age 65, as long as he continues to be disabled. This is commonly known as a special needs trust. To qualify for the exception, a trust must contain a provision that the State will receive all amounts remaining in the trust upon the death of the individual, up to the total Medicaid payments made on his behalf. 2. A trust which contains the assets of an individual who is disabled and which meets all of the following conditions: • The trust is established and managed by a non-profit association; • A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust pools the funds in these accounts; NOTE: For these purposes, the SSA definition of disability is used. Therefore, any person medically approved for or receiving SSI, based on disability, meets the definition, as well as persons who have been determined disabled by the MRT. If no disability determination has been made, the case must be submitted for a MRT decision. See Section 13.8.