We're Closing. Thank You.

Doug Cook is retiring and Steve Cook has moved to an in-house counsel position. As such, we are no longer accepting new clients. Thank you.

Arizona Miller Trust

A Miller trust can allow those that otherwise have too much income to become eligible for Medicaid.

Initial consultation and trust formation only.

Although Medicaid places strict restrictions on the transfer of income or assets by the applicant/member for less than fair market value, it does permit an applicant/member to assign either all of his/her income to a Miller trust or the amount of his/her income that exceeds his/her state's Medicaid income cap.

If the member/applicant chooses to assign all of his/her income to the Miller trust, the trustee will distribute the associated Personal Needs Allowance to the member in addition to paying for the member's Share of Cost, if any, and other expenses.

If the member/applicant chooses to assign only the income that is in excess of his/her state's Medicaid income cap, the member/applicant will be responsible to pay his/her expenses, including share of cost, from the the funds not assigned to his/her Miller trust.

In either case, when the trust terminates, either because of the member dies or the member no longer needs Medicaid benefits, the trustee must distribute to the state an amount equal to the total medical assistance paid on behalf of the member. After the state is reimbursed, any remaining funds will either be distributed to the member, if still alive, or the member's estate.

This brief overview of some important considerations associated with Arizona Miller trusts is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.

Douglas K Cook is an Arizona elder law attorney with over 40 years of experience as a practicing attorney. Although Douglas K Cook's office is located in Mesa, Arizona, he represents clients throughout the Phoenix, Arizona Metropolitan area including the following east valley cities: Scottsdale, Paradise Valley, Tempe, Chandler, & Gilbert.

Last Updated on

Below are links to blog posts and other related content:

Miller Trust (Qualified Income Trust)

A Miller trust can allow those that otherwise have too much income to become eligible for Medicaid.

Read More»

Arizona Medicaid Eligibility (ALTCS) and Nursing Homes

The Arizona Long-Term Care System (ALTCS) is Arizona's Medicaid program that provides nursing-home benefits to elderly, developmentally-disabled, and physically-disabled people that do not have sufficient resources or income to pay for their own care. Compared to Medicare, which may pay for some nursing home benefits, Medicaid pays for many more of the costs associated with nursing homes.

Read More»