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Medicaid Trusts

What Is a Trust?

A legal title to property held by one party for the benefit of another

 

Trust Terms

  • Settlor: The person who creates a trust
  • Trustee: The person who administers a trust
  • Beneficiary: The person who is entitled to receive the assets or income in a trust

 

Which Trusts Do We Care About?

  • Any trust which was established by or which benefits a Medicaid client or applicant
  • Trust may be established by the individual, by a court, by a guardian, by a third party, or through a will

 

Basic Question for Any Trust

  • Can the Medicaid client or applicant access the assets in the trust?
  • If he or she can, then the trust is usually a countable resource
  • If he or she cannot, then the trust is usually not a countable resource

 

 

Types of Trusts

  • Income Trust (8.110.52.B.5.a.)
  • Disability Trust (8.110.52.B.5.b.)
  • Pooled Trust (8.110.52.B.5.c)

 

 

 

For more information please contact the Department at: 

 Medicaid.trusts@hcpf.state.co.us Fax: 303-866-3552