Pooled Trust

If you have clients who have loved ones with special needs, you know that protecting their interest is foremost on their mind. Whether it’s a spouse or a child, your clients will want to put measures in place so that all their needs are met. However, it’s not always as simple as drawing up a will. If the loved one with special needs is receiving Medicaid benefits, changes in their income may disqualify them from receiving those benefits. One method to combat this is the use of a pooled trust.

How Do Pooled Trust Work?

A pooled trust is managed by a non-profit organization. The trust pools the funds of all its beneficiaries, however, individual beneficiaries have separate accounts for which they can manage. Pooled trusts are able to utilize funds to make stable investments and often provide management services. Since the funds in the pooled trust are being managed by a non-profit association, not the individual, the beneficiary maintains Medicaid eligibility. A sub-account in a pooled trust can be established by the beneficiary, a parent, grandparent, guardian, or by a court.

Advantages and Disadvantages of Pooled Trusts

Using a pooled trust for maintaining Medicaid eligibility has its advantages and disadvantages, including:

  • Beneficiaries may be any age to be a part of a pooled trust.
  • Funds can be used to pay a variety of expenses, including out of pocket medical expenses, living expenses, or educational expenses.
  • A disadvantage of pooled trusts is that if you are over the age of 65, you may incur a penalty for drawing funds out of the pooled trust.

How Synergy Settlements Can Help You

The welfare of your clients is important as well as protecting yourself from liability involving Medicaid. Let the experts at Synergy Settlements work with your clients to ensure that their ability to receive Medicaid benefits is protected. We understand the nuances of pooled trusts and can make sure that your clients understand their options and can make the best choice.

For more information or to schedule a consultation, please submit our contact request form or call (877) 242-0022.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

TESTIMONIALS

"In my twenty-two year career as a trial lawyer I've handled my share of catastrophic cases and structures, but imagine the complexity of an engaged, unwed mother catastrophically injured during delivery, giving birth to a healthy child, but left in a vegetative state? The issues of guardianship and entitlements of the newborn, the rights of the biological father-fiancé, an out-of-state teenage child of the mother, lifetime maintenance of the mother, as well as the rights of family of the mother, who became her primary care-takers? Synergy systematically managed the seven figure tender of one defendant, the establishment of a Qualified Settlement Fund, a Special Needs Trust, and multiple structures, all the while concurrently maintaining the various entitlements to ancillary services, as well as the remaining litigation. Everything was handled professionally, timely and literally without a hitch. Truly an amazing feat."

Marcus J. Michles II
Michles & Booth

"Synergy is a valuable partner in the successful resolution of catastrophic cases. Their understanding of complex issues including Medicare, Medicaid and financial planning – allows me to be certain that my clients and practice are protected."

Hector J. Lombana
Gamba & Lombana

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