Texas is an income-cap state for Medicaid qualification purposes. Using a Miller Trust (also called a QIT or Qualified Income Trust) allows clients whose income is too high to qualify for Medicaid — but is not high enough to pay out-of-pocket for nursing home care — to otherwise qualify in spite of the income limits.
The income limit to qualify for Medicaid assistance for nursing home or home and community-based waiver services is updated each year. For 2020 in Texas, the special income limit is $ 2,349 per month for an individual and $ 4,698 per month for a couple. Important, however, is understanding what counts as income and what does not. An elder law attorney can help understand these areas.
A Miller Trust allows the income above the income cap (or limit) to be set aside in a separate account and then used to pay for part of the person’s care. This trust must be irrevocable, and it must include provisions of paying back Medicaid after death if money is left in the trust account. Because of these areas, it is important to understand how the account works and how much of a person’s income should be placed in the trust account.
As part of McCreary Law Office's Houston-based elder law practice, Jana McCreary drafts Miller Trusts for clients and provides guidance to the trustee (the person who is managing the money) regarding how to set up the necessary bank account and move money among the accounts.
If you would like to talk with Jana McCreary about using a Miller Trust for Medicaid planning, contact the Houston office directly or complete the online form, and we can schedule an introductory call.
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