In the case of a revocable trust:
1. The entire corpus of the trust is counted as an available resource to the client;
2. Any payments from the trust made to or for the benefit of the client are counted as income;
3. Any payments from the trust which are not made to, or on behalf of, the client are considered assets disposed of for less than fair market value (see 469 NAC 2-009.10); and
4. If the client must go to court to access the funds, the client or his/her guardian or conservator is allowed 60 days to initiate court action.
a. An applicant is allowed 60 days from the approval date; and
b. A recipient is allowed 60 days from the date of notification of the requirement to file for access.
{6/18/2001}