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Miller Trust Guide
AZ · Guide Last reviewed

Who Can Be the Trustee of a Miller Trust in Arizona?

In Arizona, the trustee of a Miller Trust (Qualified Income Trust) is whoever manages the trust account — depositing the applicant's income each month and paying out only what AHCCCS allows. Arizona's own policy (AHCCCS EPM Chapter 803) does not name who may or may not serve as trustee of an Income-Only Trust -- it defines the trustee's duties and reporting obligations (45-day advance notice of trust-income or disbursement changes, monthly disbursements, no loans or gifts to third parties) without restricting who can hold the role. DE-819 tells applicants they "may be able to get help creating a Special Treatment Trust from your attorney" and directs questions to the local ALTCS office, but does not state that the customer cannot self-trustee. In practice, many families use a third party -- a spouse or adult child -- rather than the customer, both because general trust law disfavors a sole beneficiary also serving as sole trustee (the "merger" doctrine) and because a separate trustee is the one who signs bank paperwork and handles the required AHCCCS notifications. Confirm the trustee question directly with the drafting attorney -- this kit does not treat self-trusteeship as either confirmed permitted or barred by Arizona's rule text. The trustee does not have to be a lawyer or a professional; for the core setup this is a role most families fill themselves. For a complex situation, consult an Arizona-licensed elder-law attorney. This guide is informational only and is not legal advice.

The trustee does not have to be an attorney or a professional fiduciary. Managing a Qualified Income Trust is an operational job, not a legal one: open the account, move the applicant's income through it each month, and pay out only what AHCCCS allows — the same short list of tasks every month.

What the trustee does each month

  • Deposits the applicant's income — Social Security, pension, and any other named sources — into the dedicated trust account.
  • Pays out only the amounts AHCCCS permits: typically the applicant's personal-needs allowance of $149.1/month, any spousal allowance, and the applicant's share of medical and care costs.
  • Keeps simple records of what went in and what came out, so the trust stays compliant and Medicaid has no reason to question it.

Name a backup trustee

Many families name a successor trustee when they set the trust up, so that if the first trustee cannot continue, the trust keeps running without interruption. Either way the Arizona setup is the same — see the step-by-step setup and what to say at the bank.

The Arizona denial traps that cost families a month of coverage

Most denials are paperwork, not eligibility. This free one-pager lists every AHCCCS denial trap with the citation behind it — emailed now. We'll also send 4 short follow-ups over the next 3 weeks (the bank step, the trustee role, when to call an attorney) — then we stop. No ongoing newsletter.

Email only — we never ask for income, age, or family details, and never sell your address.

Common questions

Does the trustee of an Arizona Miller Trust have to be a lawyer?
No. Managing a Qualified Income Trust is an administrative task — opening the dedicated account, depositing the applicant's income each month, and paying out only the amounts AHCCCS allows. Arizona's own policy (AHCCCS EPM Chapter 803) does not name who may or may not serve as trustee of an Income-Only Trust -- it defines the trustee's duties and reporting obligations (45-day advance notice of trust-income or disbursement changes, monthly disbursements, no loans or gifts to third parties) without restricting who can hold the role. For advice on your specific situation, consult an Arizona-licensed elder-law attorney.