Irrevocable Trusts and Medicaid – Part 2

     In last week’s blog post I was talking about a call I received about Mary, who is now in a nursing home.  She has spent her assets towards her care and the only source of payment left is money that was left in an irrevocable trust for Mary’s benefit by her uncle when he died.      I explained to Mary and her sister Betty, who is the trustee, that I would need to examine the trust document to determine whether the funds in that trust must be spent down before applying for Medicaid to cover her care.  Betty gave me a copy and here is what I told her.      The trust is irrevocable but as I explained last week, that fact alone does not answer the question.  The trust provides that the income and principal can be used to meet Mary’s health, support and maintenance needs, including nursing or other long term care.  The trustee has the discretion to decide how much to use as opposed to it being…

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