Today we will review some of the required elements for a valid Miller Trust under Texas Medicaid law.

A valid Miller Trust must be funded only with pension, Social Security, and other income of the individual applying for Texas Title 19 nursing home benefits. In addition, the entire income source must be deposited into the trust. For example, if only half of an individual’s pension or social security is deposited into the trust account, then the trust will not be considered a valid Miller Trust for Texas Medicaid eligibility.

A valid Miller Trust must not contain any resources or assets of the individual applying for Texas Medicaid benefits. The Miller Trust is only for handling income and depositing resources into it will cause it to lose its unique status. Administrative regulations do allow an individual to open the bank account for the trust with a nominal amount if the bank requires an initial deposit.

The individual’s income does not have to be direct deposited into the trust account in order to maintain the protection of the Miller Trust. However, income must be deposited into the Miller Trust during the same calendar month in which it is received. Any income that is not deposited into the Miller Trust account is considered resources for eligibility purposes and may result in a period of ineligibility.

Call (832) 592-7913 today if you need help creating or administering a Miller Trust.

TexasTitle19.com is your resource to find an experienced Houston Medicaid Attorney who can help you find the right nursing home, get the best care, and pay for it all without going broke. We are currently focused on Harris and Montgomery Counties, including the areas of Houston, Conroe, The Woodlands, Spring, Tomball, Humble, and Katy.

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