Requirements for a Pooled Trust:
- The pooled trust must be established and maintained by a non-profit organization.
- Assets are pooled for investment but accounted for separately.
- The account is for the benefit of an individual with a disability as defined in
42 USC1382 c(a)(3).
- The account is established by a parent, grandparent, guardian, court or the individual.
- At the time of the beneficiary’s death, to the extent that funds are not retained by the trust, remaining funds are first used to pay back the State or Commonwealth for the Medical Assistance received by the beneficiary.
- This trust can be self-created and self-funded.
- Because there is no “look-back” period on a Pooled Trust, any funds received by the individual, or to which the individual is already entitled, can be deposited into a Pooled Trust and will no longer render the individual ineligible.
- For-profit corporate fiduciaries and family members cannot serve as trustees. Only non-profit associations can act as trustees for Pooled Trusts.
- A Pooled Trust is established using a Social Security Administration pre-approved form and does not require separate court approval. These trusts should be much less expensive to establish, and also, due to the pooling of accounts, the monthly maintenance costs are often less than those associated with individually created trusts.
An important message from the Life Enrichment Trust…
Upon the death of a trust Beneficiary, Life Enrichment Trust, Inc. (LET) is prohibited by the Social Security Administration to make any further disbursements from the trust account, including payment for funeral expenses. In accordance to Social Security Administration requirements as outlined in their Program Operations Manual System (POMS) sections SI 01120.203B.1.h, and SI 0112m0.203B.3.a. and b., most type of payments, including those for funeral expenses, prior to reimbursement of medical assistance to the State(s), are prohibited. As a result, LET encourages all beneficiaries, or their advocates, to take advantage of prepaid irrevocable burial options that are available through many financial institutions. Most prepaid burial plans can be funded through the beneficiary’s trust account, but must be done so prior to death.