First, we believe that the bank should not get involved with the customer’s choice of account or planning for public assistance payments, and the bank should avoid giving any legal advice.

With that said, we believe that the Illinois Medicaid eligibility rules generally include assets held in a trust as part of an individual’s available resources, unless the individual sets up a trust that meets the rules’ particular requirements (for example, that the trust is irrevocable is just one of the requirements). 89 Ill. Adm. Code 120.347(d). If the customers are opening a trust account, they should follow the bank’s procedures for opening a trust account (which may involve a copy of a trust agreement). If the bank does not offer an “irrevocable account,” we would recommend telling the customer that without giving any instructions beyond the requirements for opening a trust account.