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West Virginia Income Maintenance Manual Chapter 5
West Virginia Income Maintenance Manual Page 55 Chapter 5 Assets
disability determination has been made, the case must be submitted for an MRT decision. See Section 13.8. 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 that contains the assets of an individual who is disabled and that 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; • Accounts in the trusts are established solely for the benefit of the disabled individual; and, • Accounts in the trusts are established by the individual, his parent, grandparent, legal guardian or by a court. • The trust must include a specific provision that amounts remaining in the individual’s account that are not retained by the trust upon the client’s death, must be used to reimburse the State for Medicaid and/or WV WORKS payments which were made on the individual’s behalf. 3. Burial trusts that meet all of the following conditions: • The individual signs a contract with the funeral director promising prepayment in return for specific funeral merchandise and services. • The contract is irrevocable. NOTE: When an individual is approved for Medicaid and/or WV WORKS and has an excluded trust, the State must be the beneficiary. The Worker must fax a copy of the trust document and the client’s name, case number and the name of the power-of-attorney or representative, if applicable, to the current contract agency for Estate Recovery. Information about this agency is in Chapter 24, Appendix E.