Up to $3,000 may be disregarded if it is set aside for the purpose of paying burial expenses. The individual may choose to put the money in a pre-need burial trust or in a policy of insurance (or a combination of both). However, $3,000 is the maximum that is disregarded. If the client has more than $3,000 in a burial trust, the excess is considered an available resource. If the client has more than $3,000 in burial insurance, the excess may be a deprivation of resources (see 468 NAC 2-008.10). If the client has a combination of a burial trust and burial insurance that exceeds $3,000, see 468-000-318 to determine how to treat the excess. An individual may transfer funds from an irrevocable burial trust fund into an insurance policy if there is no lapse of time between the withdrawal and the transfer.
See 468 NAC 2-008.07B15 for the treatment of burial spaces.
(9/8/93)