Updated August 27, 2026. Quick answer: Indiana runs a Miller Trust, and its policy says something almost no other state’s does: “The Miller trust described in this subsection can be revocable or irrevocable.” Most states require irrevocability on the face of the document. Indiana does not, for this trust, in this subsection.
What Indiana requires
| What the state sets out | What it says |
|---|---|
| Indiana’s name for it | Miller Trust (Qualified Income Trust) |
| Who it is for | A Miller Trust (or Qualified Income Trust (QIT)) is a unique trust that allows persons residing in long-term care facilities or receiving home-and-community- based-services |
| Who may establish it | A Miller Trust may be established for a Medicaid applicant/recipient who is a beneficiary of the trust by the applicant/recipient’s Authorized Representative for Medicaid eligibility purposes, legal guardian, power-of-attorney (POA), or family member |
| Revocability | “The Miller trust described in this subsection can be revocable or irrevocable.” |
| Transfer penalty | “A transfer of resource penalty does not apply to a Miller trust if the trust is:” (conditions follow in the rule) |
| On death | upon the death of a beneficiary, the state of Indiana receives the remaining funds in a Miller trust up to the amount of Medicaid expenditures paid on the member’s behalf |
How it works in practice
- The revocability line is the differentiator and it is worth reading twice: “The Miller trust described in this subsection can be revocable or irrevocable.” That is Indiana’s own manual, in the subsection that governs this trust. It does not follow that a revocable one is wise, only that the policy permits it.
- The establishment list is unusually broad. A POA, a guardian, an authorized representative or a family member may set it up where the applicant is incapacitated — so an adult child is not automatically stuck waiting for a guardianship.
- The payback is not optional. Indiana receives the remaining funds up to the amount of Medicaid expenditures paid on the member’s behalf, which is the federal condition every state attaches to this instrument.
The mechanism itself — why an income cap exists and what the trust must contain — is explained on the income-cap and Miller trust page. This page is the record for Indiana.
See how the income side fits the rest of the money
Where income sits relative to a state limit changes what happens to savings, to a spouse’s position and to the order things are best done in, and an adviser can look at the whole picture rather than one rule at a time.
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What this page does not settle
- This section is Indiana’s treatment of trusts receiving special consideration. The general trust rules in the preceding section are what apply when a trust does not fit here.
- This page reads one source: Indiana Health Coverage Programs Policy Manual, Section 2615.75.15, Certain Trusts Receiving Special Consideration. It is the state’s own publication on this rule, but no state puts its whole treatment of excess income in a single document, and a detail that decides your case may sit in one this page did not read.
- A trust fixes an income problem and nothing else. The asset test, the level-of-care test and the transfer-of-assets look-back are separate hurdles, each decided on your own file, and meeting this rule does not clear any of them.
- Every quotation here was read against the source on August 27, 2026. States revise these rules, and a figure or a section number can move without the page around it changing. Open the source before you rely on a detail.
Eligibility is decided by the state agency on the whole file, not by one rule on one page. Nothing here is legal advice, and no one should move, retitle or assign income on the strength of a web page.
Sources
The source above was retrieved and read against the state text on August 27, 2026. Every quotation on this page was checked against those bytes.
Setting up a spend-down usually needs an agent who can sign, and Indiana sets its own formalities for that document: Indiana’s power of attorney requirements cover how Indiana requires the document to be signed and whether durability is the default.
Related: Indiana’s Medicaid home equity limit for a single applicant with no spouse or dependent child at home.