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Burial Funds and Burial Plans
ALTCS has rules pertaining to all types of resources.There are some resources which do not affect ALTCS eligibility or are considered “excluded” when determining if the applicant’s totalresources exceed the guidelines.Burial funds/burial plans are considered a resource and must be evaluated to determine if the value of the fund/plan affects resource eligibility. ALTCS applicants can:
Designate and set aside a set amount as a burial fund
Prepay for a cremation plan; or
Prepay for a burial plan.
If one chooses to designate and set aside funds rather than purchasing a plan through a funeral/cremation provider, the maximum that can be designated and set aside, and still be excluded from the resource determination is $1500.00 per person.These funds can be in any form:cash on hand, funds in financial institution accounts, life insurance cash surrender value, stocks, bonds, etc., etc.If the designated fund exceeds $1500.00, ALTCS counts the difference between the fund value and $1500.00 as a countable resource and then adds it to the other countable resources to determine eligibility.
When funds are “designated” for burial, ALTCS requires the applicant or their representative to sign a form (Burial Fund Designation—DE157), declaring under penalty of perjury, the date the resource was designated as a burial fund, the value of the fund at the time of designation, the owner of the fund, how the funds are being held, and for whom their being held.In order for the fund to remain an excluded resource, the funds must be held separately from other resources .The applicant may not withdraw funds from this account without invalidating the designation.
When someone has more than $1500.00 “designated” for burial and the difference when added to their other resources causes them to go over the resource limit, the applicant has a choice to reduce the fund to $1500.00 and spend down the difference, or to take the funds and purchase a prepaid burial/cremation plan. In Arizona, most prepaid plans (burial or cremation) are now funded by life insurance or an annuity.When an applicant chooses this method, ALTCS evaluates the plan’s excludability based on the applicant’s access to the life insurance/annuity proceeds.If the plan is “revocably” assigned to fund a burial/cremation contract, the same exclusion limits apply—$1500.00 per person.If the “revocable” plan exceeds $1500.00, then ALTCS counts the difference between the amount of the plan and $1500.00 as a countable asset.If the difference when added to the other countable resources exceeds the ALTCS resource limit, then the applicant can choose to “irrevocably” assign the policy/annuity to fund the burial/cremation plan.This is a fairly simple process:contact the company, request an irrevocable assignment form, sign it, copy it, and then return it to the company.It is valid the moment you sign it and the company accepts the assignment.
If the prepaid plan is already irrevocably assigned to the funeral/cremation provider (or becomes irrevocable during the application process), ALTCS excludes the entire value of the burial/cremation plan so long as the entire plan is for the benefit of the ALTCS applicant and/or their spouse. Q:Can an applicant have a prepaid burial of any value? A:Yes, as long as it is “irrevocably” assigned to the funeral provider. Q:Can an applicant have a prepaid burial plan and a designated burial fund? A1:Yes, if the combined total of both is less than or equal to $1500.00 and the prepaid plan is “revocably” assigned to fund the burial/cremation plan A2:No, if the combined total of both is greater than $1500.00 A3:No, if the prepaid plan is “irrevocably” assigned to fund the burial/cremation plan.Any time a plan is “irrevocably” assigned to fund a burial/cremation plan, whether the fund is less than or greater than $1500.00, the entire burial fund exclusion of $1500.00 is used, and no further exclusion is allowed.
ALTCS Planning.net is not affiliated with AHCCCS / ALTCS / VA.
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**IMPORTANT NOTICE**
Our CLDP, Carol Aragon-Montgomery, prepares legal documents.OUR CLDP IS NOT AN ATTORNEY AT LAW AND IS NOT EMPLOYED BY ATTORNEYS AT LAW AND CANNOT GIVE LEGAL ADVICE.Your communications with our CLDP are kept CONFIDENTIAL by our CLDP, but since our CLDP is not an attorney at law, such communications are NOT PRIVILEGED (i.e., immune from Subpoena). Our CLDP can give you general factual information pertaining to legal rights, procedures, or options available to you in a legal matter when you are not represented by an attorney.Our CLDP cannot give you specific legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, or strategies. Please note that the Long Term Care Planning Services are of a financial planning nature and are not specific "legal" advice. Prices subject to change without notice.