A trust is any arrangement in which an individual or individuals transfers property (real and/or personal) to a trustee or trustees with the intention that it be held, managed or administered by the trustee or trustees for the benefit of the individual(s) or designated beneficiaries.
An individual is considered to have established a trust if resources of the individual are used to form all or part of the principle of the trust established (other than by will) by:
- the individual;
- the individual's spouse; or
- anyone, including a court or administrator, with legal authority to act on behalf of the individual.
For AABD, consider only the portion of the resources owned by the individual and/or spouse when resources held in the trust include resources of other individuals.
Trusts may be revocable, irrevocable or exempt.
For a person (AABD, ACA) who receives NH, SLP or DOA Home and Community Based Services (HCBS) waiver services, resources transferred to a trust are subject to resource transfer policy (see Transfer of Resource Policy).
Trust Review by HFS OIG LTC-ADI
HFS OIG LTC-ADI reviews Trusts. A brief analysis describing the terms of the trust is sent to the FCRC/LTC hub upon completion of the HFS OIG review.
Send trusts for AABD community cases to HFS OIG LTC-ADI for review.
Trusts are sent via email to HFS.OIG.LTC-ADI-Legal@illinois.gov or faxed to 217-524-3103.
NH, SLP and DOA HCBS Waiver Services
Refer AABD and ACA applications and active cases requesting NH, SLP or DOA HCBS waiver services to HFS OIG LTC-ADI when the applicant or person requesting services has a trust. See PM 07-02-20 for guidance on when to refer applications and cases to LTC-ADI.
Referrals are sent via email to HFS.OIG.LTC-ADI@illinois.gov or faxed to 217-524-3103.