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In your case, you may be more free to tie up additional assets in a Medicaid protection trust if the funds in your husband’s trust would be available to him and you when and if needed.

He adds: “If the industry is not seen to be reforming itself as a result of the market study, we should expect direct action by the regulator as we saw with guaranteed asset protection insurance ...

This necessarily implies that the overall asset protection structure, and not merely the entity, must be designed with the idea that it will withstand a creditor challenge under local state law.