This question highlights the very reason I suggest seniors & their adult children Plan Ahead well in advance for Medicaid eligibility. Contact an Elder Law attorney to discuss your best options. Also consider a Medicaid-Compliant Annuity. See 'Find-A-Lawyer' at the top of this page. Good Luck.
My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.
The only way to get an answer on which you can rely is to consult a local elder law attorney. Long term care planning is very complex.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.
You need to consult with an elder law attorney licensed in your state, but I think you will find out that the irrevocable income trust type commonly referred to as a "Miller Trust" is authorized under federal law at 42 U.S.C. 1396p(d)(4)(B) and that the states cannot be anymore restrictive than the federal law. Use the AVVO Find a Lawyer search tool to locate an elder law attorney near you or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.
Responses provided on Avvo are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Kelly S. Davis unless set forth in a written engagement letter. The Wyoming State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.