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Miller Trust Guide
OR · Requirements Guide

Oregon Income Cap Trust Requirements Guide — Qualify a Family Member for Medicaid Before the Next Billing Cycle

For adult children, spouses, and the attorneys, paralegals, and care managers who help them — before another $16,760–$18,448 month of private-pay care goes by.

An Oregon Income Cap Trust (also called a Miller Trust or Qualified Income Trust) is an irrevocable trust used to qualify a Medicaid applicant whose monthly income exceeds the Oregon long-term-care income cap of $2,982 per month (effective January 1, 2026 (OAR 461-155-0250, income standard, PNA, and 300%-SSI methodology all in the same amendment cycle); resource limit effective October 1, 2024 (OAR 461-160-0015)). Oregon does not publish a fill-in QIT form — the trust must be drafted (by an attorney, or by you where permitted) to meet ODHS APD's published requirements (OAR 461-145-0540(9)(c)). Medicaid eligibility begins the month the trust is signed and funded — there is no retroactive effect, and every month of delay is another month of full private-pay care ($16,760–$18,448/mo in Oregon). This guide is the requirements checklist and operational walkthrough most families need: $97, instant download, money-back if ODHS APD rejects the trust for a reason traceable to following the guide.

Oregon doesn't publish a fill-in Qualified Income Trust form, so an attorney drafts it — this is the playbook that keeps that engagement to drafting alone instead of research-plus-drafting: the exact requirements checklist, cited to ODHS APD's own published policy, plus the funding and bank-account mechanics once the trust is signed. Informational only — not legal advice. Every requirement is drawn straight from ODHS APD's own published policy, with the citation behind each claim.

From the author

I built this after spending weeks helping a family member set up a Miller Trust. Two attorneys quoted $1,500 and $2,200 with a six-week wait — most of that billed for research we could have handed them ourselves; and the bank refused to open the account twice after the trust was signed. That second refusal is the one that got to me — the trust was already signed, already correct, and we were still stuck over a bank's own unfamiliarity with it. The gap between "an attorney drafted something" and a funded account that actually starts Medicaid coverage is where families lose a month they can't get back — and closing that gap is the whole reason this guide exists.

Researcher, not an attorney

  • Built on ODHS APD's own .gov template
  • Every claim cited to ODHS APD policy
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  • Money-back if the trust is rejected

What buyers say

A review from a different state — because it's real, and we'd rather show a genuine reader than fill this page with something invented. Retired attorney & CPA is exactly the kind of reader who'd catch it if this guide were sloppy, which is why we lead with it. We only publish verified customers who gave permission — no invented reviews, no stock quotes.

Your Setup Kit turned out to be extremely useful. It got us to the New Jersey QIT template right away, and that was big. We used the Kit to work through the template and the practical questions about how a QIT actually works, and we were able to draft it, get it executed, open a bank account, and submit it with the application in just two or three days. It was an essential need for us, and the Kit helped us accomplish it very quickly.

Retired attorney & CPA Verified buyer of the New Jersey Kit

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$16,760–$18,448 a month, Oregon private-pay care

Why this can't wait: until the trust is set up correctly, an over-income applicant can't be approved for Medicaid — so the private-pay bill keeps landing on your family, and your family member's place in care can depend on it. Coverage begins the calendar month the QIT is signed and funded — there is no back-dating — and Oregon private-pay care runs $16,760–$18,448 a month, so every 30 days of delay is a five-figure check out of pocket.

The 2026 Oregon income cap

Income cap, single applicant
$2,982/mo
Personal needs allowance
$81.28/mo
Oregon private-pay care
$16,760–18,448/mo

Setting up a Miller Trust in Oregon starts with one number — the income cap. The Oregon 2026 Medicaid long-term-care income limit is $2,982/month for a single applicant. If your family member's countable monthly income exceeds this limit, a properly drafted, signed, and funded QIT diverts the excess and brings countable income below the cap. The applicant's Personal Needs Allowance in Oregon is $81.28/month. Source: ODHS APD OAR 461-145-0540(9)(c) [1].

What's in the Oregon guide

10 operational sections and 3 reference appendices. Here are the six pieces buyers tell other buyers made the difference:

  • The bank-refusal playbook. The single thing buyers tell other buyers about. Most Oregon branches have never opened a Miller Trust account and refuse on first request. The guide includes a verbatim script citing OAR 461-145-0540(9)(c) [1], the five most common refusals and how to respond to each, and a one-page resolution letter you can hand to the branch manager.
  • The 8 ODHS APD denial traps and how to avoid each one. Every trap cites the exact ODHS APD policy section behind it, so you can verify before you submit — not after the denial letter arrives.
  • A pre-filled monthly funding worksheet using the 2026 income cap of $2,982 so you know exactly how much income to redirect each month.
  • The 7-item required-provisions checklist, cited to ODHS APD's own published policy — Oregon doesn't publish a fill-in form, so this is what your attorney's draft must satisfy.
  • The "what to say to family" page — short script for when a sibling asks why you didn't just hire an attorney. Pre-empts the family-conflict fight before it starts.
  • The month-by-month income redirect checklist for after the account opens, so the trust stays compliant every month and Medicaid never has a reason to pull benefits.

“If I'm hiring a lawyer anyway, why do I need this?”

Because Oregon doesn't publish a fill-in form, the attorney has to draft the trust either way — the question is whether they research ODHS APD's requirements on your bill, or you hand them the requirements up front. This guide is the research: the 7-item checklist, the funding rule, the bank-refusal script, and the 8 ODHS APD denial traps with the citation behind each — everything that turns a research-and-draft engagement into drafting alone.

If your spouse is the one entering care: this guide covers the Qualified Income Trust — the income side of qualifying — in full. If you're the spouse staying at home (the "community spouse"), the guide also walks you through the trust itself, and Section 9 orients you on the separate resource-allowance rules that protect your home and savings. Those resource rules are fact-specific, so for them you'll likely still want an Oregon elder-law attorney — but the guide's job is to make that a short, cheaper meeting instead of a $1,000–$2,500 one: you walk in with the trust already set up, the resource questions already identified, and the documents already gathered, so you're paying for answers, not for someone to explain the basics to you.

How it works in Oregon

  1. Confirm income is over the $2,982 cap Gross monthly income, from every source.
  2. Have the trust drafted to ODHS APD's requirements Oregon doesn't publish a fill-in form.
  3. Name a trustee and open the trust account A dedicated bank account titled to the trust.
  4. Fund it in the same calendar month Eligibility starts that month, never earlier.

Full step-by-step walkthrough →

The funding-month rule

  1. September Trust not funded Private pay: $16,760–$18,448 for the month.
  2. October Sign, open, deposit Trust signed, account opened and income deposited, all this month. Eligible from October.
  3. November onward Deposit every month The income goes into the trust account every month to keep eligibility.

There is no back-dating. Funding in October can't cover September.

What it actually looks like

Sample pages from the guide

Real pages from the Oregon guide PDF. Click any page to enlarge.

Print-friendly, readable on a phone or tablet, and designed to be taken to the bank. Every operational claim cites a primary state agency or federal source.

How this compares

Oregon doesn't publish a fill-in QIT form, so an attorney drafts the trust either way. The $97 is for the guide — the requirements checklist and everything around it — that turns the attorney's job into drafting alone, instead of research-and-drafting on your bill.

This guide Attorney alone (no prep) DIY research, no guide Doing nothing
Cost $97 + attorney's drafting fee $1,000–2,500 (research + drafting) $0 upfront — real risk of a rejected trust $0, then $16,760–$18,448/mo private-pay
Time to qualified Faster — drafting only 2–6 weeks (research + drafting) Unpredictable Not until you act
Bank-refusal script Yes Sometimes No n/a
State agency citations Yes n/a If you find them yourself n/a
Updated for the current income cap Yes Yes If you catch the update n/a
"What to say to family" script Yes No No n/a
Delivery time Instant (guide); attorney schedules separately After consult + retainer Instant, but unverified n/a

Attorney costs reflect typical Oregon elder-law retainers for a Miller Trust setup. Private-pay nursing-home figures reflect recent Oregon market averages.

The bank step

The bank refusal nobody warns you about

You walk into your branch with the signed trust. The teller calls a manager. The manager has never seen one. They ask for an EIN. They tell you to come back with an attorney. You drive home with an empty trust account and a Medicaid clock ticking.

This is the single most common reason Oregon families lose a month of benefits, and it has nothing to do with the trust itself — it is a bank-procedure problem. The guide's bank section gives you the exact language to cite at the counter, the ODHS APD policy reference to read aloud, and a printable resolution letter you can hand to the branch manager so they can escalate inside their own bank instead of sending you away.

Refusals the guide walks you through:

  • Branch asks for a tax ID (EIN) for the trust account.
  • Branch is unsure what kind of account this is.
  • Branch has never opened an Income Cap Trust account before.
  • Branch wants to know who is authorized to sign.
  • Branch questions why the whole income source has to move through the account, not just the amount over the cap.

Each refusal has a corresponding response in the guide, with the ODHS APD citation behind it.

The thing that saves a second trip: bring the printed ODHS APD policy page to the counter — not just the signed trust. A teller who can read the rule in black and white escalates in minutes; one who only has your word for it sends you home. The guide tells you exactly which page to print and hand across.

If ODHS APD rejects the trust, you pay nothing.

Email the agency's stated denial reason to support@millertrustguide.com within 30 days of purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight. Changed your mind for any other reason? You have 7 days, no questions asked. We'd rather lose the sale than make this harder on a family already dealing with enough. Full refund policy.

Avoid these

The 8 most common Oregon denial reasons

Every denial reason below cites ODHS APD policy. The full guide explains each one in context and the order in which to verify them before submitting the Medicaid application.

Trust doesn't meet the Income Cap Trust exemption's conditions -- treated as an ordinary revocable or irrevocable trust instead
If the trust doesn't independently satisfy OAR 461-145-0540(9)(c)'s conditions, it falls back to the rule's general trust-treatment provisions -- under which a revocable trust's entire value is counted as an available resource, defeating the purpose. — OAR 461-145-0540(7), (9)(c)
Trust funded with resources, not only income
The exemption requires the trust to contain "only the current and accumulated income of the individual." Funding or augmenting it with resources (assets) instead disqualifies it. — OAR 461-145-0540(9)(c)
Not all of the individual's income was deposited
Oregon requires whole-source funding -- "the trust contains all of the individual's income" -- not just the excess above the cap. Leaving part of an income source outside the trust can leave the individual over the income cap regardless of how much the trust itself holds. — OAR 461-145-0540(9)(c)
Distributions made out of the mandatory priority order, or in excess of what's needed
Monthly distributions from the trust must follow the fixed order set out in the rule (earned-income deduction, self-support plan, personal needs allowance, capped administrative costs, spousal allowance, medical premiums, other medical, support/alimony/taxes, capped burial reserve, home-maintenance reserve, then patient liability). Amounts distributed out of order, or beyond what's needed, are treated as income to the individual and can trigger a transfer-of-assets penalty. — OAR 461-145-0540(9)(c)(A)-(K)
Administrative costs exceed the $50/month cap
Trustee fees and other reasonable administrative costs of the trust -- bank charges, copy charges, postage, accounting/tax-prep fees, conservatorship/guardianship costs -- may not exceed a combined $50 per month. — OAR 461-145-0540(9)(c)(D)
Burial-plan contribution exceeds the $5,000 maximum
Monthly contributions toward an irrevocable burial plan are capped at a $5,000 maximum value. — OAR 461-145-0540(9)(c)(I)
Missing or defective state remainder-beneficiary clause
The trust must provide that the state receives all amounts remaining in the trust upon the individual's death, up to the total medical assistance paid on their behalf. A missing, weakened, or capped payback clause fails this requirement. — OAR 461-145-0540(9)(c)
Change in circumstance makes trust assets unavailable
If any change in circumstance makes the trust's income or resources unavailable to the individual, the change itself is treated as a disqualifying transfer as of the date it occurs. — OAR 461-145-0540(8)(d)

Before you go to the Oregon bank

Most wasted trips are a bank-procedure problem, not a trust problem. This free one-pager has the questions to ask on the phone before you drive to a branch — emailed now. We'll also send 4 short follow-ups over the next 3 weeks (why most denials are paperwork not eligibility, 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.

The author

Who's behind this

I'm — the person who hit the gap between an attorney-drafted document and a funded Medicaid trust (the short version is up top) and built this guide to close it. I'm not an attorney. I'm a researcher who has now read every ODHS APD policy section that covers Qualified Income Trusts, and I publish what I learned with a citation on every claim. I won't advise you on your specific situation, draft anything, or review a document you or your attorney have drafted; for advice on your situation, you need an Oregon-licensed attorney.

Questions

Frequently asked questions

Is the Oregon Income Cap Trust Guide legal advice?
No. This guide is informational only and is not legal advice. We are not attorneys and we do not practice law. ODHS does not publish a fill-in trust form, so the guide teaches you exactly what Oregon's own administrative rule requires a compliant trust to contain, so you can brief an attorney efficiently and verify what they draft. For advice on your specific situation, consult an Oregon-licensed elder-law attorney.
Does Oregon provide an official Income Cap Trust form?
No. ODHS's governing rule, OAR 461-145-0540(9)(c), spells out in detail what a compliant trust must do -- whole-income funding, a fixed monthly distribution order, an administrative-cost cap, and a state payback clause -- but does not attach a sample or fill-in instrument. The trust must be drafted, by an attorney or by you where Oregon law permits, to meet the requirements this guide lays out.
What does the guide include?
A requirements-and-operations guide: the required-provisions checklist derived from OAR 461-145-0540(9)(c) with a citation for each item, guidance on gathering what an attorney needs before your first meeting, the monthly funding worksheet, the bank-account walkthrough, and Oregon-specific denial-avoidance guidance -- including the state's mandatory distribution order. Delivered as a single PDF.
Do you provide the trust document itself?
No. We never draft or provide sample or model trust language, generic or otherwise -- that would cross from explaining the law into practicing it. The guide tells you exactly what Oregon requires the finished trust to contain; drafting it is your attorney's work (or, where permitted, your own).
Who needs an Income Cap Trust in Oregon?
A person applying for Oregon Medicaid long-term care -- nursing facility, ICF-ID, or a home-and-community-based waiver -- whose gross monthly income is above $2,982/month (2026, 300% of the SSI standard). All three settings are tested against the same income standard.
How much of my income goes into the trust?
All of it. Oregon requires whole-source funding: the trust must contain all of the individual's income, not just the amount above the cap. The trust then pays back out each month, in a fixed order set by ODHS's rule, what the individual is allowed to keep -- personal needs allowance, spousal allowance, medical costs, and ultimately patient liability.
Is Oregon's $2,982 income cap based on gross or net income? Does the Medicare Part B premium get subtracted first?
Gross. Oregon's rule tests 'countable' income against the $2,982/month standard (OAR 461-155-0250(2)) — and its own income-availability rule defines that as the gross amount before deductions (OAR 461-140-0040(4)). The Medicare Part B premium is not subtracted before the cap test, and Social Security is counted as unearned income with no premium carve-out (OAR 461-145-0490). Oregon does account for Medicare and other medical insurance premiums, but only downstream — as one of the trust's own required monthly payments after the trust is already funded (OAR 461-145-0540(9)(c)(F)), not as something netted out beforehand.
Does Oregon have a couple income cap?
No. Oregon's rule tests income against the $2,982/month single standard only -- there is no separate, higher figure for couples. If both spouses need a trust, each is tested and diverted individually against the same $2,982 threshold.
Can I be my own trustee in Oregon?
ODHS's own rule doesn't explicitly say. This is a genuine, confirmed silence, not an oversight -- though ODHS's own staff training materials and common Oregon practice generally call for a trustee other than the applicant. Confirm this directly with your drafting attorney.
Does an Oregon Income Cap Trust need an EIN?
Generally no. Oregon's rule doesn't address tax-ID treatment at all. A trust funded only by the individual's own income is usually opened under the individual's own Social Security number. If a bank asks for an EIN out of habit, confirm the titling with your attorney and the bank.
What if my bank refuses to open the trust account?
Bank refusal is common on a first attempt. The signed trust instrument is your documentation: it is a single, dedicated account titled to the trust, holding all of the individual's diverted income, with the trustee (not the individual) as the authorized signer. The guide walks you through handling first-attempt refusals and escalating to the bank's trust department if needed.
What happens to the trust after the person on Medicaid passes away?
The state is paid everything remaining in the trust, up to the total medical assistance paid on the individual's behalf -- ODHS's own Estate Recovery page specifically lists Income Cap Trusts as a recoverable asset. Estate recovery is handled through ODHS and OHA's Estate Administration Unit.
Do you offer a refund?
Yes -- money back if Oregon rejects the Income Cap Trust for any reason traceable to following the guide. Email support@millertrustguide.com within 30 days of purchase with the agency's stated denial reason and we issue a full refund within one business day.
Will you talk to me on the phone about my situation?
No. We do not offer phone support and we do not advise on individual situations. For advice on your specific situation, consult an Oregon-licensed elder-law attorney -- you can find one through the Oregon State Bar's Lawyer Referral Service, or through Legal Aid Services of Oregon or your local Aging and Disability Resource Connection (ADRC).
Do you need an EIN to open an Oregon Miller Trust account?
OAR 461-145-0540 governs resource and income counting, not trust-formation or banking mechanics, and does not address EIN-vs-SSN treatment anywhere. No Oregon-specific guidance was found either way. As a trust funded solely by the individual's own income under 42 U.S.C. § 1396p(d)(4)(B), an Income Cap Trust is commonly opened using the beneficiary's own Social Security number, consistent with how most (d)(4)(B) grantor trusts are banked nationally -- but this is not confirmed by Oregon's own policy. If a branch asks for an EIN out of habit, confirm the account titling with your attorney and the bank.
Who can serve as trustee of an Oregon Miller Trust?
OAR 461-145-0540 (read in full) contains no language specifying who may or may not serve as trustee of an Income Cap Trust, and no explicit prohibition on the beneficiary serving as their own trustee -- this is a confirmed silence in the rule text, not an oversight in this guide's research. That said, ODHS's own "Understanding Trusts" staff training guide frames trust administration in terms of a trustee distinct from the beneficiary, and Oregon elder-law practitioners commonly advise that the applicant should not serve as their own trustee. Confirm this directly with your drafting attorney; this guide does not treat self-trusteeship as either permitted or barred by Oregon's own rule text.
Which banks will open a Qualified Income Trust (QIT) bank account in Oregon?
There's no published list of banks that offer QIT accounts — most retail branches simply haven't opened one before, since it's an uncommon account type, not because anything is wrong with the trust itself. In practice: larger banks (Chase, Wells Fargo, Bank of America) generally have a centralized trust department that can process the request even when a branch teller can't; full-service branches (often a market's main branch) open commercial and trust-style accounts more routinely than limited-service branches; and community banks and credit unions are frequently the most willing, since their account-opening process tends to involve a human review rather than a screen-driven template. OAR 461-145-0540 governs resource and income counting, not trust-formation or banking mechanics, and does not address EIN-vs-SSN treatment anywhere. No Oregon-specific guidance was found either way. As a trust funded solely by the individual's own income under 42 U.S.C. § 1396p(d)(4)(B), an Income Cap Trust is commonly opened using the beneficiary's own Social Security number, consistent with how most (d)(4)(B) grantor trusts are banked nationally -- but this is not confirmed by Oregon's own policy. If a branch asks for an EIN out of habit, confirm the account titling with your attorney and the bank. The guide includes the exact script to use at the counter and a printable letter for a branch manager if the first attempt is refused.
When does Oregon Medicaid coverage begin after the Qualified Income Trust is set up?
Coverage begins the calendar month the QIT is signed, the trust account is opened, and enough of the applicant's income is deposited to bring remaining countable income below the 2026 special income limit of $2,982/month — all in the same calendar month. There is no back-dating, so every month of delay is another month of full private-pay care ($16,760–$18,448/month in Oregon). Source: ODHS APD Oregon Administrative Rules, OAR 461-145-0540(9)(c) ("Trusts" -- Income Cap Trust provisions, effective 1-01-25); cross-referenced by OAR 461-180-0044 (Effective Dates; Income Cap Trust, eff. 7-18-23), OAR 461-135-0750 (Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care, eff. 7-01-19), OAR 461-155-0250 (Income and Payment Standard; OSIPM, eff. 1-01-26), OAR 461-140-0040 (Determining Availability of Income, incl. the gross-income rule) and OAR 461-001-0000 (chapter-wide definitions distinguishing "countable" from "adjusted" income), and OAR 461-160-0015 (Resource Limits, eff. 10-01-24); federal authority 42 U.S.C. § 1396p(d)(4)(B).
What happens to the money in an Oregon Miller Trust when the beneficiary dies?
On the individual's death, the trust must pay the state all amounts remaining in the trust, up to the total amount of medical assistance provided on the individual's behalf (OAR 461-145-0540(9)(c)). ODHS's own Estate Recovery FAQ lists "Income cap trusts" as one of its own topic headings, confirming ICT balances are understood by the agency to be subject to recovery. Estate recovery is handled jointly by ODHS and OHA through the Estate Administration Unit (EAU) -- notify ODHS of the death, expect a letter within 60-90 days, and don't spend estate funds until you've spoken with EAU staff or a lawyer. Correspondence: Estate Administration Unit, PO Box 14021, Salem, OR 97309-5024 (estate.admin@odhsoha.oregon.gov). No dedicated Income-Cap-Trust-specific remittance form was found.
Can you set up an Oregon Miller Trust without a lawyer?
Oregon's own case law (Oregon State Bar v. Gilchrist, 1975, reaffirmed in Oregon State Bar v. Smith, 1997) protects the sale of generic, non-individualized legal information and self-help materials -- which is what this guide is. It does not address, and does not change, whether drafting an original trust instrument is something you should do yourself. Because ODHS publishes no fill-in form, drafting an Income Cap Trust from the requirements below means producing an original legal document from scratch, which involves the kind of discretionary legal judgment Oregon case law (State Bar v. Security Escrows, 1962) treats differently from merely filling in an existing state form. For most families, that argues for an attorney: self-drafting carries materially more risk of missing a required clause -- including Oregon's mandatory distribution order and its state payback language -- than filling in an existing form would. Budget for an attorney; this guide is what keeps that engagement efficient.
Can an attorney, paralegal, or care manager use this guide for a client?
Yes. It explains Oregon's own published Income Cap Trust process in plain language, which works whether you're doing this for your own family member or for a client — professionals handling a case outside their usual specialty use it as a working reference this way. It doesn't replace your own judgment on a specific client's facts and isn't personalized advice; it's the same walkthrough of Oregon's official form either way. If you expect to use it across more than a handful of clients or want redistribution rights, email support@millertrustguide.com about licensing options.

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Keep reading

Step-by-step Oregon guides

New to this? What Is a Miller Trust? covers the plain-English basics — what it is, why states use different names for it, and how it differs from a Medicaid Asset Protection Trust. Below are the free operational walkthroughs that go deeper on the questions Oregon families ask most.

Free operational walkthroughs

Primary sources

State agency sources

Last verified against ODHS APD on 2026-08-10. Email support@millertrustguide.com if anything below conflicts with what ODHS APD currently publishes — we correct verified discrepancies within five business days.

Every claim here cites a primary ODHS APD or federal document — see them

Primary state agency sources

  • [1] Policy manual: ODHS APD policy manual (section Oregon Administrative Rules, OAR 461-145-0540(9)(c) ("Trusts" -- Income Cap Trust provisions, effective 1-01-25); cross-referenced by OAR 461-180-0044 (Effective Dates; Income Cap Trust, eff. 7-18-23), OAR 461-135-0750 (Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care, eff. 7-01-19), OAR 461-155-0250 (Income and Payment Standard; OSIPM, eff. 1-01-26), OAR 461-140-0040 (Determining Availability of Income, incl. the gross-income rule) and OAR 461-001-0000 (chapter-wide definitions distinguishing "countable" from "adjusted" income), and OAR 461-160-0015 (Resource Limits, eff. 10-01-24); federal authority 42 U.S.C. § 1396p(d)(4)(B)). This is the source for the required-provisions checklist — Oregon publishes no separate fill-in template.

Federal sources