A Miller Trust is a tool that lets someone whose income is over the Medicaid limit still qualify for long-term-care Medicaid — so a parent or spouse can get the care they need without the whole family scrambling.
My role is simple: I draft the trust document — nothing else. I don’t do Medicaid planning, eligibility, the application, or the funding. That work stays with your Medicaid planner or adviser, and I’m glad to point you to trusted partners who handle it.
This is the whole point, and it’s where most confusion starts. Two families can both be told “you make too much for Medicaid” and need two completely different tools. Find yourself below.
Your Social Security, pension, and other monthly income add up to more than Medicaid allows — even though you clearly can’t afford the cost of care on your own. The income is the only thing standing in the way.
→ You need a Miller Trust (Qualified Income Trust).
The issue isn’t your monthly check — it’s the house, the savings, the CDs, the land. That’s a resource problem, and a Miller Trust won’t fix it.
→ You likely need a Medicaid Asset Protection Trust — a different, irrevocable tool with a 5-year lookback, so timing matters.
In 2026, the long-term-care Medicaid income limit for an individual is approximately $2,982 per month. Because this limit is set at the federal level (it’s 300% of the SSI benefit rate), it’s the same in Kentucky, Indiana & Ohio. It changes every year, so treat it as a current estimate, not a fixed rule. If your monthly income is above the limit — even by a little — a Miller Trust may be exactly what lets you qualify.
In plain English: your income over the cap gets deposited into an irrevocable trust each month and held in a separate account. Because that money now flows through the trust, it no longer counts against your Medicaid eligibility.
A Miller Trust is for someone applying for nursing-home or home-and-community-based-waiver Medicaid whose monthly income exceeds the limit — but who otherwise qualifies. If income is the only barrier standing between a person and the care they need, this is very often the missing piece. Your Medicaid adviser will usually have already identified income as the barrier; if there’s any question, a quick call confirms the Miller Trust is the right document before the application goes in.
A Miller Trust is irrevocable by design — that permanence is part of what makes the income “not count” for Medicaid. It’s built for one specific job.
When the beneficiary passes away, the state Medicaid agency is repaid from what remains in the trust, up to the amount of benefits it paid on that person’s behalf.
Because a Miller Trust deals with income — not transferred assets — there’s no five-year lookback. That’s a key difference from asset-protection planning.
I prepare Qualified Income Trusts for Kentucky, Indiana & Ohio — delivered remotely and turned around quickly, because families in this situation usually don’t have weeks to wait.
Email millertrust@cooperlawky.com with the situation — the state, and that income (not assets) is the barrier.
I prepare an attorney-drafted Miller Trust tailored to your state, on a flat fee, typically within 24–72 hours.
You sign and notarize the trust following the clear instructions provided with your document.
You work with your financial adviser to open the trust’s bank account and get it funded — the excess income is deposited each month. The trust I draft is built to support exactly what they set up.
I’m the attorney who prepares the Miller Trust itself. The Medicaid planning, the application, and the funding are handled by others — and if you don’t have someone for that yet, just ask and I’m glad to point you to trusted partners who focus on it.
Need the planning, application, or funding handled too? That work belongs with a Medicaid planner, elder-law caseworker, or financial adviser who sees the whole picture — just ask and I’m glad to point you to trusted partners who focus on it. You bring the plan; I draft the instrument that makes it work. As an attorney licensed in Kentucky, Indiana & Ohio, my job is to get that one document right and back to you fast.
Whether you’re a family trying to get a loved one qualified, or a professional helping a client across the finish line, the next step is the same email.
Someone you love needs long-term care, and income is the thing standing in the way. I’ll prepare the trust document quickly, so your Medicaid planner or adviser can keep the application moving — I draft the document; I don’t handle the application or funding.
Get your Miller TrustPrefer to submit online? Use the secure intake form anytime — day or night.
Financial advisers, Medicaid application companies, and nursing-home staff: when a client is over the income limit, I can turn a Miller Trust around fast so your application isn’t held up. Let’s build a relationship.
Refer a client / partner with usSecure online referral form — send a client’s details anytime, 24/7.
Email millertrust@cooperlawky.com — serving Kentucky, Indiana & Ohio.
A Miller Trust — also called a Qualified Income Trust (QIT) — is an irrevocable trust that redirects the income above the Medicaid limit so it no longer counts against long-term-care Medicaid eligibility. It solves an income problem, not an asset problem.
No. A Miller Trust does not protect assets and does not avoid the asset or resource limit. It’s only needed in income-cap states such as Kentucky, Indiana, and Ohio. If your issue is too much in savings or property, the right tool is a Medicaid Asset Protection Trust, which has a five-year lookback.
Someone applying for nursing-home or home-and-community-based-waiver Medicaid whose monthly income exceeds the limit but who otherwise qualifies.
No. Because a Miller Trust deals with income rather than transferred assets, there’s no five-year lookback. The state Medicaid agency is repaid at death, up to the amount of benefits it paid.
Kentucky, Indiana, and Ohio — the income-cap states where I’m licensed. Documents are prepared remotely and delivered with signing instructions.
Please note. This page is provided for educational purposes only and is not legal advice, and it does not create an attorney-client relationship. It is attorney advertising. Medicaid income limits and rules are set by the government and change over time; any figures shown are current estimates only. My involvement in preparing a Miller Trust is limited-scope as described above — I draft the document, and the client is responsible for signing, notarizing, and funding it. I do not provide Medicaid planning, eligibility determinations, application assistance, or trust-funding services. Whether a Miller Trust is appropriate depends on your specific circumstances. Cooper Law, LLC is licensed to practice law in Kentucky, Indiana, and Ohio only.