(d)(4)(C) Pooled Trust

In (d)(4)(C) Pooled Special Needs Trusts, participant funds are pooled for investment and management purposes, while the individual maintains a balance in a sub-account. The funds are solely for the benefit of the beneficiary. Upon death, the funds remain in the pool for the benefit of the other participants.

A Pooled Trust must meet the following legal criteria:

• The Trust must be established and managed by a non-profit association, such as Advocacy, Inc.
• The Trust must maintain separate accounts for each beneficiary, but the funds are pooled for the purpose of investment and management
• Each separate trust account must be established solely for the benefit of an individual who is disabled as defined by law. It may only be created by the disabled individual, the individual’s parent, grandparent, legal guardian, or a Court. There are no age restrictions or requirements
• The disabled individual’s account must be established with assets owned by the individual

Any funds that remain in a disabled individual’s account at the time of death may be retained by the trust; funds not retained must be used to reimburse the state. This is referred to as a Modified Payback Provision.

Advocacy Inc., was the first organization in the nation to offer this trust. For assistance administering a Pooled Trust, or information about the Advocacy Pooled Trust, please contact us to set up an initial meeting.