When the State of Connecticut tallies up your assets in order to determine if your asset level is low enough to qualify for Medicaid, they will only look at your "available" assets (and your "non-exempt" assets).
"Available" assets is defined under Connecticut General Statutes section17b-261(c): "For purposes of determining eligibility for the Medcaid program, an available asset is one that is actually available to the applicant or one that the applicant has the legal right...to obtain or have applied for the applicant's general or medical support" (emphasis added).
So, cash in the bank in an account with your name on it is obviously something that is "available" because it's "actually" available. You can go to the bank whenever you want, grab the cash and spend it for your own long term care.
But what about money in a trust for which you are the benefiary? Well, it depends. If the State reviews the trust and finds any language that allows the Trustee to use the money for your medical care then it's "available" to you. Whether the Trustee actually uses the trust funds for your benefit is irrelevant. The mere fact that the Trustee is authorized to use the trust funds to pay for your medical care means that the trust funds are "available" to you under Medicaid.
So remember...just because assets are in a trust and beyond your direct control doesn't necessarily mean they are protected from a Medicaid spend-down!
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