The Last Estate Planning and Elder Law Attorney You’ll Ever Need

Attorney Jennifer Moore and her canine ambassadors Chloe and Libby

Macon Miller Trust Attorney

A Warm And Client-Focused Lawyer Walking Families Through The Medicaid Process

It is a common and discouraging misconception that if your income exceeds that of the Medicaid income cap, you are not eligible for Medicaid benefits. This can feel quite overwhelming, especially when you look at the high costs of long-term care and nursing home residency. However, Jen Haskins Law, LLC, is here to tell you that you can actually forego this income requirement by setting up a Miller Trust.

Jen Haskins Law, LLC, provides comprehensive Medicaid services, from helping you complete your application to obtaining Medicaid eligibility through a Miller Trust. Attorney Jennifer Moore walks families through the whole process from the “I don’t know what to do” question at the very start to the Medicaid application at the very end. Jen Haskins Law, LLC, is your one-stop shop to get all your Medicaid goals accomplished. In fact, they even have an in-house Medicaid application specialist who will help you with all your application needs while Jennifer Moore works on your Miller Trust.

Learn more about how the firm can help you with your Medicaid concerns in Houston and Jones counties and throughout Central Georgia. Schedule an initial consultation today at 478-200-2232!

What Is A Miller Trust?

If your income exceeds $2,742 per month (the Medicaid income cap for a couple as of 2022), you may not be automatically eligible for Medicaid. Instead, you will need to create a Miller Trust in order to qualify.

A Miller Trust, also called a “Qualified Income Trust” (QIT), is a type of income trust that is used for Medicaid eligibility. A Miller Trust owns a bank account through which your income will pass each month. The trustee will then pay the approved medical expenses out of that trust. As a result, the QIT checking account does not actually retain any money; it simply serves to make applicants who are over the Medicaid income limit qualify for Medicaid.

Setting Up A Miller Trust

There are several important steps to setting up a Miller Trust, and it is critical that you enlist professional help on this, as failing to comply with Medicaid regulations could cost your application. At a glance, the steps for setting up a Miller Trust are:

Working on the Medicaid application. You should understand the eligibility requirements for Medicaid before determining whether you need a Miller Trust. After evaluating the elements of the Medicaid application with an experienced lawyer, you can proceed to create the Miller Trust to ensure your eligibility.

Draft the Miller Trust document. A Miller Trust must be created with and signed by a qualified lawyer. Having experienced legal counsel at this stage can also help to make sure the right things are being addressed in the document for your Medicaid benefit.

Designate a trustee for your Miller Trust. The trustee will be the authorized signer on the Miller Trust account and is responsible for managing the account correctly, keeping detailed records, and receiving the monthly bank statements. Additionally, only the trustee can write checks to withdraw funds from the Miller Trust account.

Set up a checking account at a bank. Your Miller Trust will be connected to a checking account, and you can consult with your attorney about the best options (typically, banks without a service charge).

Fund the Miller Trust. Your Miller Trust can only be funded with income.

Pay your bills with the Miller Trust appropriately every month for Medicaid. Every month that Medicaid is needed, your income will be put into this account, and the nursing home bills will be paid from this account. To be used correctly, this account must zero out each month.

Why You Need An Experienced Georgia Elder Law Attorney For A Miller Trust

Miller Trusts are not straightforward matters, but an experienced attorney like Jennifer Moore will know exactly how to set up and manage your Miller Trust. Failing to comply with Medicaid’s rules, such as zeroing out your Miller Trust checking account for your nursing home bills, could result in losing your Medicaid benefits. As a result, it is in your best interests to enlist legal help at every stage of your Miller Trust matter to make sure everything runs smoothly.

How Can You Determine If You Need A Miller Trust?

Establishing a Miller Trust (or “Qualified Income Trust,” as it is also known) can help many people who believe they would not qualify for assistance for long-term care obtain the Medicaid benefits they need based on their monthly income alone.

To find out if a qualified income trust will benefit you, you should sit down with an experienced elder law attorney to determine what “countable” income and resources you have for Medicaid purposes and compare that to the current Medicaid income limits in Georgia. In 2024, a single Georgia resident needing long-term care must have a countable monthly gross income of under $2,829 and resources below $2,000 in value to qualify for Medicaid without a qualified income trust. This figure changes yearly, however.

What Expenses Can Be Paid By A Miller Trust?

Funds deposited into a Qualified Income Trust can only be spent for certain allowable expenses. Typically, these include:

  • Medical expenses of any kind that are not covered by Medicaid, including health insurance premiums for any private insurance or Medicare Part D premiums
  • A designated personal needs allowance, or an allowance for your dependent spouse to cover clothing, toiletries and other personal items
  • Bank fees for the account that holds the funds that are in the qualified

It is essential to work with an attorney who fully understands the mechanics of a Qualified Income Trust to make sure that it is set up correctly and used in a way that will not violate Medicaid laws. Because a Qualified Income Trust in Georgia is irrevocable, you do not want to take any chances that there will be a mistake with its creation, funding or use.

Jen Haskins Law, LLC, is a one-stop shop for all your Medicaid needs. The firm has an in-house Medicaid application counselor who can help you build a strong Medicaid application, all while Jennifer Moore works alongside you in building a Miller Trust that meets your needs. Why work with several firms or attorneys on your Medicaid issue when you can work with one that handles it all?

Contact Jen Haskins Law, LLC, today at 478-200-2232 to get started on your Medicaid application and Miller Trust.