Which county Social Services Department would receive the overage in an irrevocable trust?
The county in which the Medicaid applicant or recipient resided (most likely the county in which they applied for assistance). Must I send the overage of existing revocable contracts held by Medicaid recipients to the county Social Services Department? No. The overage to existing revocable contracts of Medicaid recipients should be returned to the Purchaser. Who may authorize a transfer of funds to another funeral home before death occurs? The Purchaser or their legal representative must authorize a transfer of the irrevocable trust to another funeral home. Can I create an irrevocable trust if the person is not yet an SSI or Medicaid applicant? No. Only SSI/Medicaid applicants/recipients may set up irrevocable preneed trusts in New York State. Can an applicant or recipient change an existing revocable contract to an irrevocable trust? Yes, but they must sign a new irrevocable preneed agreement. Does the law affect pre-existing contracts of Medicaid recipients? No. If a consumer had bot
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