Washington Administrative Code
Title 182 - Health Care Authority
WASHINGTON APPLE HEALTH
Chapter 182-516 - Trusts, annuities, life estates, and promissory notes-Effect on medical programs
Section 182-516-0135 - Self-settled trusts established before August 11, 1993
Universal Citation: WA Admin Code 182-516-0135
Current through Register Vol. 24-18, September 15, 2024
(1) A revocable or irrevocable self-settled trust established before August 11, 1993, under this section is one:
(a) Established other than by will by a
beneficiary or that beneficiary's spouse;
(b) Under which that beneficiary may be the
beneficiary of all or part of the payments from the trust; and
(c) Under which the distribution of those
payments is determined by one or more trustees who are permitted to exercise
any discretion with respect to the distribution to the beneficiary.
(2) For trusts established under subsection (1) of this section, the maximum value the trustee may distribute, under any circumstances, to the beneficiary is unearned income.
(3) If a trust does not meet subsection (1)(c) of this section:
(a) The trust is an
available resource to the extent that trust assets can be used for the
beneficiary; and
(b) Any asset that
cannot be used for the beneficiary is an uncompensated asset
transfer.
(4) This section does not apply to any trust or initial trust decree established before April 7, 1986, for the sole benefit of an intellectually disabled client who resides in an intermediate care facility for the intellectually disabled.
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