Who Can Be the Trustee of a Miller Trust in Ohio?
In Ohio, 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 ODM allows. OAC 5160:1-6-03.2 does not itself spell out who may serve as trustee, but the ODM template and Information Packet structure the QIT so the trustee — someone other than the primary beneficiary — controls deposits and disbursements (the packet's example shows checks written by the named trustee). The trustee administers the trust under the Ohio Trust Code (ORC Chapters 5801 to 5811), is not required to furnish bond, and may be replaced by a named successor trustee; any serving trustee may appoint a successor. The trustee makes monthly distributions only in the amounts and for the purposes the rule allows, no later than the last day of the calendar month in which income is placed in the QIT account. 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 Ohio-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 ODM 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 ODM permits: typically the applicant's personal-needs allowance of $75/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 Ohio setup is the same — see the step-by-step setup and what to say at the bank.
Common questions
- Does the trustee of a Ohio 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 ODM allows. OAC 5160:1-6-03.2 does not itself spell out who may serve as trustee, but the ODM template and Information Packet structure the QIT so the trustee — someone other than the primary beneficiary — controls deposits and disbursements (the packet's example shows checks written by the named trustee). For advice on your specific situation, consult a Ohio-licensed elder-law attorney.