What is a Miller Trust?

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Miller Trusts allow individuals to receive Medicaid benefits for long term care services, like nursing home care, if their incomes are above the Medicaid eligibility limit.

In an "income cap state," like Delaware, individuals cannot qualify for Medicaid reimbursement for long term care if their incomes are above a certain level. In order to receive Medicaid benefits, though, a person can establish an irrevocable trust, known as a Miller Trust. When a Miller Trust is established, the person's income is deposited into the trust which is used to pay for the cost of their care. Upon the person's death, funds remaining in the Miller Trust are used to reimburse the State's Medicaid program for the cost of the care that the person received.

Specific rules apply to the establishment and use of Miller Trusts. Anyone interested in setting up a trust should consult with an elder law attorney.

Here are some related resources:

Delaware Elder Law Handbook
Legal Services Program (funded by the Delaware Division of Services for Aging and Adults with Physical Disabilities)
Delaware Volunteer Legal Services, Inc.
Delaware Medicaid Long Term Care Information

What is a Miller Trust?

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