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A Pooled Trust is ideal in a situa- tion where the total value of the assets that are to be placed in trust do not justify the creation of a separate Special Needs Trust as described above. A nonprofi t agen- cy must serve as the trustee of the Pooled Trust. Upon the death of the disabled person, the balance held in the Pooled Trust account must remain in the Pooled Trust for the other disabled benefi ciaries of the Pooled Trust.
A Special Needs Trust should be a part of a person’s estate plan if any assets are going to be left to a person who is disabled and who is entitled to, or may be entitled to in the future, Medical Assistance, Supplemen- tal Security Income and/or Mental Health and Mental Retardation benefi ts. For most families, it is important to provide for the ongoing care and support of a disabled loved one, and through the use of a Special Needs Trust, families can leave assets for the benefi t of a disabled family member, and the disabled family member can still receive government benefi ts and programs.
Anthony S. Rachuba, IV, Esq. is a member of the Estate Planning and Administration group at Fitzpatrick Lentz & Bubba, P.C. Mr. Rachuba’s practice focuses primarily on taxation, estate planning & administra- tion of estates and trusts, oil & gas law, and special needs trust planning. He fre- quently speaks and publishes on the sub- ject of essential estate planning documents. Contact Mr. Rachuba at 610.797.9000 or
arachuba@fl
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