JCAR890120-1011664r08 1 This version includes all HFS 1st ...

JCAR890120-1011664r081461146214631464146514661467146814691470147114721473147414751476147714781479148014811482148314841485148614871488148914901491149214931494149514961497149814991500150115021503or trustees for the benefit of the grantor or designated beneficiaries. A trust alsoincludes any legal instrument or device that is similar to a trust, including anannuity.c) A person shall be considered to have established a trust if resourcesassets of theperson were used to form all or part of the principal of the trust and the trust isestablished (other than by will) by any of the following:1) the person;2) the person's spouse; or3) any other person, including a court or administrative body, with legalauthority to act on behalf of or at the direction of the person or the person'sspouse.d) This Section does not apply to the following trusts:1) an irrevocable trust containing the resourcesassets of a disabled personwho is determined disabled (as provideddescribed in Section 120.314) andunder age 65 that is established by a parent, grandparent, legal guardian orcourt for the sole benefit (as defined in Section 120.388(m)(2)) of thedisabled person, if language contained in the trust stipulates that anyamount remaining in the trust (up to the amount expended by theDepartment on medical assistance) shall be paid to the Department uponthe death of the person. This exclusion continues after the person reachesage 65 as long as the person continues to be disabled but any additionsmade by the person to the trust after age 65 will be treated as a transfer ofassets under SectionsSection 120.387 and 120.388. If the trust containsproceeds from a personal injury settlement, any Department charge (asdescribed at 89 Ill. Adm. Code 102.260) must be satisfied in order for thetrust to be excluded under this subsection; or2) an irrevocable trust containing the resourcesassets of a disabled personwho is determined disabled (as provideddescribed in Section 120.314) thatis established and managed by a non-profit association that pools fundsbut maintains a separate account for each beneficiary that is established bythe disabled person, a parent, grandparent, legal guardian or court for thesole benefit of the disabled person, if language contained in the truststipulates that any amount remaining in the trust (up to the amountexpended by the Department on medical assistance) that is not retained bythe trust for reasonable administrative costs related to wrapping up theaffairs of the subaccount shall be paid to the Department upon the death of