If an individual is determined ineligible because of a trust, the department may waive its consideration of the trust as an available resource if the individual can clearly show that all efforts have been made to recover assets placed into the trust and the individual's continuing care or well-being is seriously threatened because of the ineligibility for long-term care assistance.

Source: 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 28-6-1 , 28-6-3.1.

Law Implemented: SDCL 28-6-3.1.