All Ohio Financial Powers of Attorney (FPOA) must specifically allow the attorney-in-fact to create a Qualified Income Trust (QIT), also known as a Miller Trust, in order for the principal, the person creating the FPOA, to qualify or remain eligible for Ohio’s Medicaid program.
Most FPOA’s do not include this provision because there was no previous need for it. As of July 1, 2016, anyone with a monthly income of above 300% of Supplemental Security Income (SSI), or $2,199 in 2016, will no longer qualify for Medicaid without a QIT.
If the Medicaid applicant is incompetent to create their own QIT, then someone, such as the FPOA, must have the authority to create one for them. This change affects all Medicaid recipients in nursing homes, assisted living, and those receiving Home and Community Based Services (HCBS).
Resource: Ohio Department of Medicaid, June 2016
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Elliott Stapleton Attorney with CMRS Law