🔑 NY Clause: Statement of Intent in a Medicaid Asset Protection Trust

Many Medicaid Asset Protection Trusts (MAPTs) include a Statement of Intent to clarify the grantor’s objectives. This provision helps ensure that the trust is interpreted and administered in line with the grantor’s goals, particularly regarding Medicaid eligibility, asset protection, and beneficiary interests.

MAPTs can vary in how they frame this intent. Some explicitly state Medicaid planning objectives, while others focus on broader estate planning, creditor protection, or discretionary trustee powers.

Below, I provide sample clauses in different scenarios:

1. Where the grantors retain income, and
2. Where they do not retain income.

Grantors never retain the principal of a MAPT, so that is not a variable.