According to the Welfare and Institutions Code, which of the following property is NOT considered as an available resource for the purpose of being eligible to receive public assistance?

• A. Money placed into a revocable trust to pay for funeral goods and services
• B. Money placed into an irrevocable trust to pay for funeral goods and services
• C. Money left with family member and designated to be used to pay for funeral goods and services
• D. Money left with an attorney and designated to be used to pay for funeral goods and services

Answer: (B)

When determining eligibility for public assistance, resources are assets a person can access to meet needs, unless there’s a specific exclusion.

An irrevocable trust established solely to pay for funeral goods and services is not counted as an available resource because the applicant gives up control over the funds to a trustee. The money is earmarked and cannot be accessed to meet other needs, so it doesn’t count toward the resource limit.

Revocable trusts, by contrast, remain under the individual’s control and can be accessed or revoked, so the assets are still considered available resources.

Money left with a family member or with an attorney that is designated to be used for funeral goods and services generally remains an asset that the person could access or direct in the future, so it is counted as a resource for eligibility purposes.