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     E) Asset Protection Sub-Trust



 

The ITS Asset Protection Trust (APT) is also known as a Medicaid Qualifying Trust; it is normally set up as a non-discretionary, income only sub-trust of the grantorís RLT. The rules governing and authorizing this type of trust are much the same under the OBRA 93 rules (see item B Ė Special Needs Sub-Trust). The main difference is that this trust is funded during the grantorís lifetime and that absolutely no allocations of principal (discretionary or otherwise) can ever be permitted for the benefit of the grantor.

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