Medicaid Asset Protection Trusts
A MAPT drafted the way an elder law attorney drafts one.
A MAPT only works if no one can reach the principal for the settlor's benefit. Statular's protective provisions are on by default, and each one is an interview choice you can change for the matter.
Principal kept out of reach
The settlor and spouse are barred from serving as trustee, and principal distributions to either are expressly prohibited. Choose whether the settlor receives trust income or nothing at all.
Back doors to principal closed
Bar court-directed invasion of principal, decanting, unitrust conversion, and principal-and-income adjustments that could make principal available to the settlor.
The house, handled
Retain the settlor's right to occupy the residence, set how long it may sit vacant before the trustee acts, and decide whether a surviving spouse keeps the right to live there.
Tax treatment preserved
A substitution power keeps grantor trust status, and a testamentary limited power of appointment lets the settlor adjust the remainder at death.
Protection for the next generation
A contingent special needs trust for a disabled beneficiary, creditor and divorce protection for each share, a trust protector, and a no-contest clause.
Joint trusts for married couples
One trust for both spouses, with remainder by each settlor's descendants, both together, or split by family line, and embedded Schedule A and Schedule B asset schedules.
Each MAPT package includes a certification of trust, a summary of the trust for the client, and optional funding instructions. The power of attorney, healthcare directive, HIPAA authorization, and will can be generated in the same package.
Medicaid Planning Letter
The client letter, with your state's figures filled in.
Families in a Medicaid crisis need the numbers in writing. Statular prefills the letter with the matter's state figures, works in the client's income and assets, and lays out the strategy you recommend. You review it, adjust anything, and send it.
Qualified Income Trusts
Miller trusts for clients over the income cap.
In income-cap states, an applicant with income over the limit qualifies only by routing income through a Qualified Income Trust. The trust is short, but small mistakes cost the client months of eligibility.
- Income assignment
- Assign all of the applicant's gross income from a source, or a fixed monthly amount, to the trust.
- Trustee rules that follow the agency
- The applicant cannot serve as trustee, and where a state agency has said so, the trust cites the authority.
- Signed by the client or their agent
- Establish the trust by the applicant or by an attorney-in-fact under a durable power, and use Georgia's official form where the state provides one.
- Spouse and remainder
- Provide for a community spouse allowance, and name the state as remainder beneficiary up to the Medicaid paid on the applicant's behalf.
- Something the trustee can follow
- A plain-language summary explains to the client and trustee how the monthly deposits and payments work, with a certification of trust for the bank.
Special Needs Trusts
Preserving benefits for a disabled beneficiary.
First-party trusts
Trusts funded with the beneficiary's own assets, such as a settlement or inheritance, with the Medicaid payback provisions they require. Courts can establish them too.
Third-party trusts
Supplemental needs trusts funded by parents or other family, for one settlor or a couple, with no payback to the state.
Retirement account provisions
Optional provisions for naming the trust as beneficiary of an IRA or other retirement account.
Related
The rest of the elder law plan.
Elder law software
Incapacity planning, dementia directives, conservator nominations, capacity letters, and estate recovery.
Learn moreIrrevocable trusts
Every irrevocable trust Statular drafts, and the documents that come with each.
Learn morePowers and directives
Durable powers of attorney, advance directives, living wills, and HIPAA authorizations.
Learn moreFAQ