WHO CAN CREATE AN INCOME CAP TRUST?
If the person applying for Medicaid benefits is too ill or disabled to sign a trust, his or her agent under a Durable Power of Attorney can create the trust. If the person is too disabled to understand that he or she is creating a trust, and has not appointed an agent to act as power of attorney, it will be necessary to have the court issue a protective order or appoint a conservator to establish the trust.
