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I think it depends on who you talk to, Barb. When we were considering a Miller Trust (a.k.a. Qualified Income Trust”) my own bank told me I’d need an attorney. However, the caseworker at the Medicaid office here told me which bank to go to. She said this bank is experienced in setting up QIT. When I called this bank (Huntington) she said I didn’t need an attorney. All I had to do was fill out the forms sent to me by Medicaid and bring them in, then open a checking account to be used for the funds.
A Miller Trust is for people going on Medicaid for LTC that monthly income is higher than the Medicaid cap. Ex: cap is 2k and u bring in 2200. The 2oo goes into the trust reverting back to Medicaid at your passing. Has nothing to do with credit.
Yes, all true. And, at least in Florida, the bank account must be non-interest bearing. So, forget places like Fidelity because they have no types of accounts that don't pay some level of interest.
You can establish the legal document and the bank account even if your sister is at home receiving "at home" Medicaid, and, until your sister goes into a nursing home, you can use the funds in the bank account for medical expenses --- just make sue that the legal document establishing the trust allows for that. Keep very detailed records. For my mother, when she was still at home and on at home/community Medicaid, and still using credit cards (because she was not broke yet, and her assets were exempt for Medicaid purposes), I looked at every charge and paid the credit card with separate checks, using the trust for whatever medical expenses were charged. If there was money in the trust.
Does your sister already have a credit card with this bank, one that she does not pay off in full every month? Or some other loan? If not, I don't understand why your sister's credit has anything to do with opening a bank account. Just tell them you do not want a credit card, or overdraft protection. Just a simple non-interest bearing checking account, and an ATM/Debit card.
In Florida, DCF has a one-page "rules" sheet about this kind of trust. Maybe your state does too.
If that doesn't work, ask around about credit unions.
Yes, this doesn’t make sense. Money goes into the trust, there is no borrowing against it, so no credit issues. Banks very rarely refuse to take money! Perhaps there is already an overdraft, for sister or for which sister is a guarantor, and the bank wants that paid off first. Ask more questions from more people, in banks or social services or Medicaid.
Actually it does make sense to be denied a bank account due to bad credit. In the US you can be blacklisted from banks/denied a bank account if you had bad credit, an outstanding debt with a bank or a history of overdrafts. It’s quite common here.
You should prob talk with a locally owned bank, based in your state. Some of the larger ones with branches everywhere, are just impossible to deal with.
I would like to elaborate on my earlier post. Please forgive me. But, it may help someone. And, it may be relevant to the OP.
When my mother went into the nursing home, she was flat broke; maybe $1200 in a checking account.
But, before the nursing home, after establishing the legal document and the bank account for the Miller Trust (QIT), and her being eligible for at home/community Medicaid, she had no "income" other than social security and VA benefits. To pay her bills, I had to move funds from her IRA to the QIT, because the IRA withdrawals were "income" and then pay the caregiving agency and medical expenses from the QIT.
Hope that made sense. If not, and you want more info, let me know.
Bunbun, it could simply be a rule and they can't make exceptions for one because it opens them up to litigation.
I would also think that they are concerned about creditors placing liens against the account that costs them, they are required to deal with every request and the man power is expensive.
Have you tried a credit union? Another bank? Unfortunately banks do turn you down if you have bad credit, or a history of overdrafts or you have an unpaid debt to a bank. Essentially you can be blacklisted by a bank! I don’t know if it would work for a miller trust but you can get her an online bank account but again, that may not work for a miller trust.
My nephews Special Needs Account is set up with no interest.
Like a SNT is a MT not Irrevokable. As such, there is no reason to over draw it? The overage goes into it and if like a SNT there are stipulations on how the Trust can be used. Because in the end, the Trust reverts back to Medicaid.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I'm not sure you can set up a Miller Trust without using an attorney.
You can establish the legal document and the bank account even if your sister is at home receiving "at home" Medicaid, and, until your sister goes into a nursing home, you can use the funds in the bank account for medical expenses --- just make sue that the legal document establishing the trust allows for that. Keep very detailed records. For my mother, when she was still at home and on at home/community Medicaid, and still using credit cards (because she was not broke yet, and her assets were exempt for Medicaid purposes), I looked at every charge and paid the credit card with separate checks, using the trust for whatever medical expenses were charged. If there was money in the trust.
Does your sister already have a credit card with this bank, one that she does not pay off in full every month? Or some other loan? If not, I don't understand why your sister's credit has anything to do with opening a bank account. Just tell them you do not want a credit card, or overdraft protection. Just a simple non-interest bearing checking account, and an ATM/Debit card.
In Florida, DCF has a one-page "rules" sheet about this kind of trust. Maybe your state does too.
If that doesn't work, ask around about credit unions.
But, it may help someone. And, it may be relevant to the OP.
When my mother went into the nursing home, she was flat broke; maybe $1200 in a checking account.
But, before the nursing home, after establishing the legal document and the bank account for the Miller Trust (QIT), and her being eligible for at home/community Medicaid, she had no "income" other than social security and VA benefits. To pay her bills, I had to move funds from her IRA to the QIT, because the IRA withdrawals were "income" and then pay the caregiving agency and medical expenses from the QIT.
Hope that made sense. If not, and you want more info, let me know.
And qit is qualified income trust. Same as Miller. Just is some states has diff name.
I would also think that they are concerned about creditors placing liens against the account that costs them, they are required to deal with every request and the man power is expensive.
Like a SNT is a MT not Irrevokable. As such, there is no reason to over draw it? The overage goes into it and if like a SNT there are stipulations on how the Trust can be used. Because in the end, the Trust reverts back to Medicaid.
Just trying to figure this out.