Who Can Be the Trustee of a Miller Trust in Indiana?
In Indiana, 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 FSSA allows. Indiana's official documents do not restrict who may serve as trustee — the FSSA template imposes no named restriction and does not bar the applicant or spouse from serving. The settlor is typically the applicant; a legal guardian, an attorney-in-fact under a Power of Attorney, or a Medicaid authorized representative may establish the trust (FSSA's bank memo states a general financial or health-care POA should be sufficient). The template provides for a successor trustee, and if no named trustee is willing or able to serve, any interested person may apply to the primary beneficiary to be appointed. The trustee makes the monthly distributions in the required priority no later than the last day of the month after the income is received, and the account should be largely depleted each month. Because Indiana leaves trustee selection open, and FSSA's packet contemplates attorney involvement, families with any complexity should confirm their choice with an Indiana elder-law attorney. 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 a Indiana-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 FSSA 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 FSSA permits: typically the applicant's personal-needs allowance of $52/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 Indiana setup is the same — see the step-by-step setup and what to say at the bank.
Common questions
- Does the trustee of a Indiana 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 FSSA allows. Indiana's official documents do not restrict who may serve as trustee — the FSSA template imposes no named restriction and does not bar the applicant or spouse from serving. For advice on your specific situation, consult a Indiana-licensed elder-law attorney.