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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Is there a website for setting up a income cap trust?

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Is there a website for setting up a income cap trust?
Welcome! Thank you for your question.

The Medicaid caseworker is correct. In states like Oregon that have income caps on Medicaid eligibility for nursing care the federal government allows for a specific type of trust to hold all income over the income cap. While the Medicaid recipient is alive the income in the trust can be used to purchase items for the recipient like clothes, shoes, cable TV, a private room at the facility, etc. The downside is that after the recipient dies the remaining trust money must be paid to the state of Oregon's Medicaid program up to the amount that they spent on the recipient's care.

Here is a a form. It is not free. You may consider the advantages of using an experienced elder law attorney to advise you here is that you not only get the trust but expert advise on how to best use the money in the trust to assure your loved one has the best quality of life possible. You can find an experienced elder law attorney at

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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John Elder and 5 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear John,

I found the form but it is unclear what I add to it. Are you able to walk me through the form?

Unfortunately the site rules and legal ethics prevent us from walking you through legal forms.

I can clarify some terms if that is what is confusing you.

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