Miller Trust Texas | Houston Medicaid Attorney » miller trust

Who Can Sign a Miller Trust?

Rich Shea — Mon, 23 Apr 2012 11:54:08 +0000

A Miller Trust is created by the Texas Medicaid Applicant and the person they choose as Trustee signing the Texas Miller Trust document. In some cases this is easily accomplished, but in other cases where the Medicaid Applicant may not be able to sign the document because of a progressive condition like Alzheimer’s or other mental incapacity it can be a bit more challenging. So, who can sign and create a Texas Miller Trust?

The Medicaid Applicant

As long as the Medicaid Applicant meets the requirements of mental competency to sign legal documents they can sign the Texas Miller Trust document themselves and this is the preferred method of creating the trust. If the Medicaid Applicant does not have the required mental capacity to sign the Miller Trust document, then someone else will have to sign the trust for them.

A Valid Power of Attorney

If the Texas Medicaid Applicant has previously designated an individual to act as their legal representative through a valid power of attorney for property then that person can create the Miller Trust for the Medicaid Applicant. The key points with someone signing as power of attorney is that 1) the power of attorney must be valid, and 2) the power of attorney must be for property matters and grant the person sufficient power to create the trust. Some defects I have seen in power of attorney documents presented to me include: the notary not completing the acknowledgement of the person’s signature; only a power of attorney for medical decisions is signed; and generic documents that were not prepared by a Texas licensed attorney which do not grant the individual enough authority to establish the Miller Trust and the required bank account.

A Valid Guardian of the Person

If an individual has been found disabled and a Texas Court has established a Guardianship, the Texas Probate Code provides for a Guardian of the Person to apply for permission from the Court to establish a Miller Trust. You will have to obtain a court order to do so which will increase the amount of time to establish the Texas Miller Trust as well as the costs. It is important to note that the Guardianship must be a Texas Guardianship. If the Guardianship was ordered in another State then we will have to go through a court process to transfer the Guardianship to Texas.

A Valid Guardian of the Estate

If an individual does not have a Power of Attorney in place as described above, then in order for someone else to manage their property for them a Guardianship of the Estate must be appointed by the Court. The Texas Probate Code provides for a Guardian of the Estate to apply for permission from the Court to establish a Miller Trust. You will have to obtain a court order to do so which will increase the amount of time to establish the Texas Miller Trust as well as the costs. It is important to note that the Guardianship must be a Texas Guardianship. If the Guardianship was ordered in another State then we will have to go through a court process to transfer the Guardianship to Texas.

The Texas Medicaid eligibility rules require an applicant that has too much income create a Texas Miller Trust in order to receive Texas Medicaid nursing home benefits. Sometimes that is easier said then done as we have seen above, so if you believe there are any complications with getting your loved one’s Texas Miller Trust signed then take this into account when creating your timeline for Medicaid eligibility. The sooner you begin, the less likely you’ll be surprised by months of unpaid nursing home bills which they pursue you for.

The Right Time to Create a Miller Trust

Rich Shea — Tue, 18 Jan 2011 12:42:56 +0000

Everyone who comes to TexasTitle19.com to solve their Texas Nursing Home Medicaid eligibility issues is well aware that if a Texas Medicaid applicant receives more than $2,022 (for year 2011) in a month that person is not eligible in any way, shape, or form for Texas Nursing Home Medicaid unless they create a Miller Trust. So if you know you need a Texas Miller Trust in order to be eligible for Medicaid, then when is the time to begin the process and get everything setup?

For the people that I work with I recommend having the Texas Miller Trust signed and the bank account opened at least a month before you need Medicaid benefits to begin. Why? The reason is simple, if the income for any given month is not properly coordinated with the Texas Miller Trust then you can lose an entire month of Medicaid eligibility which could leave your family with a bill of a few thousand dollars in nursing home costs. When you have the Miller Trust prepared the month before you need Medicaid benefits to begin then I can guide you through the steps you need to take with the Miller Trust so your loved one is no longer over the income eligibility limit and Medicaid benefits can begin.

If you wait until after the Medicaid application is submitted, it may already be too late to use the Miller Trust to establish income eligibility for the month of application. Once the income for the month has been received and spent without a Miller Trust it cannot be undone.

Don’t make a costly mistake. Speak with a Texas Medicaid Attorney at (832) 592-7913 if your loved one needs Medicaid benefits to pay for nursing home care.

Miller Trust Requirements – Part 2

Rich Shea — Fri, 29 May 2009 20:14:23 +0000

Today we will review additional requirements to maintain a valid Miller Trust under Texas Medicaid law. These requirements are in additional to the items we previously discussed.

A valid Miller Trust must be irrevocable. If your trust document contains any provisions concerning revocation, modification, or termination by an individual or a court you risk invalidating your Miller Trust.

A valid Miller Trust must provide that Texas will receive all amounts remaining in the Miller Trust upon the death of the Medicaid recipient (limited to the amount of assistance paid on their behalf).

A valid Miller Trust must impose the following duties on the Trustee:

The Trustee must pay to the beneficiary the monthly personal needs allowance provided in the Medicaid regulations;
The Trustee must pay to the spouse of the beneficiary the amount required to reach the spouse’s minimum monthly maintenance needs allowance;
The Trustee must pay medical expenses of the beneficiary that are not subject to reimbursement by a third party;
The Trustee must pay from the remaining funds the cost of medical assistance provided to the beneficiary.

These provisions are required to create and maintain the validity of your Miller Trust. If any required provision is not included or properly drafted you may not have the protection you seek. Speak with a Houston Medicaid Lawyer if you need to create a Miller Trust to create eligibility for Texas Medicaid nursing home benefits.

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.

Miller Trust Requirements – Part 1

Rich Shea — Wed, 27 May 2009 23:15:16 +0000

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.

How The Miller Trust Can Win Your Case

Rich Shea — Mon, 25 May 2009 20:13:11 +0000

In order to qualify for Texas Medicaid nursing home benefits the person must have an income below a certain amount. If an applicant has income above the maximum amount, they will be denied Texas Medicaid nursing home benefits. There is no exception to disregard income if the applicant is “medically needy” as there are in many other states. Many Texas families find themselves with too much income to qualify for Medicaid nursing home benefits but too little to afford a nursing home. A common strategy for creating income eligibility in situations like these is to use a Miller Trust.

The Miller Trust is a tool to manage the income of an applicant for Texas Title 19 nursing home benefits. When used properly, a person with too much income to qualify for benefits will be able to reduce their income within required levels by using a Miller Trust. It is important to remember that in order to qualify for the protections and advantages a Miller Trust provides it must be established and administered correctly. If there is a flaw in the document or the administration then the applicant may be found ineligible for Medicaid nursing home benefits for several months and be responsible for those large bills.

We will be reviewing the Miller Trust in detail in future posts.