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How to Create a Qualified Income Trust in Georgia

How to Create a Qualified Income Trust in Georgia

For many Georgia seniors, Medicaid can help cover the high costs of nursing home care. But what happens if your income is too high to qualify? That’s where a Qualified Income Trust (QIT)—sometimes called a “Miller Trust”—comes in. A QIT can help you meet Medicaid eligibility rules while still covering essential expenses. Here’s what you need to know about creating one in Georgia.

What Is a Qualified Income Trust?

A Qualified Income Trust is a special type of trust approved by Medicaid. It allows people whose monthly income exceeds Medicaid’s eligibility cap to still qualify for benefits. Instead of being disqualified, excess income is placed into the trust each month and used only for specific purposes allowed by Medicaid. Learn more about the basics of Medicaid and long-term care in Georgia on the Georgia Medicaid official website.

Why You Might Need a QIT in Georgia

Medicaid in Georgia has strict income limits. If your income is just a little over the cap, you may be denied coverage for nursing home or long-term care costs. A QIT legally redirects that “excess income” so you can still qualify. For an overview of Medicaid eligibility rules, see the Georgia Medicaid Eligibility Guide.

If you’re beginning Medicaid planning, our Medicaid Planning Services in Georgia can help you understand your options.

How to Create a Qualified Income Trust in Georgia

Setting up a QIT requires following Georgia Medicaid rules carefully:

1. Draft the Trust Document

The trust must be in writing and must:

  • State it is irrevocable.
  • Designate a trustee (usually a family member).
  • Specify that funds may only be used for approved Medicaid expenses.

2. Open a QIT Bank Account

A separate bank account is required. The trust account should be in the name of the trust, managed by the trustee.

3. Deposit Income Each Month

Each month, deposit the income that puts you over Medicaid’s limit into the QIT account. The trustee is responsible for ensuring deposits are accurate and timely.

4. Use Funds Only for Approved Expenses

Georgia Medicaid rules limit how QIT funds may be used, including:

  • Patient’s monthly share of nursing home costs.
  • Personal needs allowance for the Medicaid recipient.
  • Certain medical expenses not covered by Medicaid.
  • Possibly a small allowance for a spouse still living at home.

See Georgia’s Department of Community Health for more details on approved Medicaid expenditures.

5. Maintain Records

Trustees must keep detailed records of deposits and expenditures to prove compliance with Medicaid rules.

Common Mistakes to Avoid

  • Using the trust for unapproved expenses. This can disqualify the Medicaid recipient.
  • Failing to deposit excess income every month. Even one missed deposit can jeopardize eligibility.
  • Not getting professional help. Errors in drafting or managing a QIT can lead to costly denials.

Our Georgia Elder Law Attorneys can guide you through every step to avoid these mistakes.

Final Thoughts

A Qualified Income Trust can be the key to unlocking Medicaid benefits for long-term care in Georgia. But setting one up—and managing it correctly—requires precision. Working with an experienced elder law attorney ensures your QIT is drafted properly, complies with Georgia law, and protects your eligibility for vital care.

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