| Patricia E. Kefalas Dudek |
Advocate for Elders, People
with Disabilities and Their Families |
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Estate Planning - Medicaid Pooled Account Trusts Administrative Decisions, Directory, Articules & Publications, Office Intake Forms, Misc., Joinder Agreements For FAQs on Pooled Account Trusts, click here |
| Estate Planning links: General • Domestic Partners • Guardianship & Powers of Attorney • Pooled Account Trusts • Probate Info • Special Needs Trusts |
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For Frequently Asked Questions about Pooled Account Trusts, click here. |
To find your areas of interest on either my website or blog, use search buttons below: |
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| Administrative Decisions | ||||||||
| Re:
Maria
Quagliato, Claimant (5-25-10) Issue: Whether the Department properly denied Claimant's Medicaid Assistance Long Term Care benefits due to a divestment. Administrative Law Judge decision reversed Department's determination and rules that pooled trusts are allowed for individuals with disabilities. |
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| Directory of Pooled Trusts | ||||||||
| From
Special Needs Answers: A listing of pooled trusts around the nation. Medicaid and SSI law permit "(d)(4)(C)" or "pooled trusts" for beneficiaries with special needs. Such trusts pool the resources of many beneficiaries, and those resources are managed by a non-profit association. Unlike individual disability trusts, which may be created only for those under age 65, pooled trusts may be for beneficiaries of any age and may be created by the beneficiary herself. In addition, at the beneficiary's death the state does not have to be repaid for its Medicaid expenses on her behalf as long as the funds are retained in the trust for the benefit of other disabled beneficiaries. (At least, that’s what the federal law says; some states require reimbursement under all circumstances.) Although a pooled trust is an option for an individual over age 65 who is receiving Medicaid or SSI, those over age 65 who make transfers to the trust will incur a transfer penalty. |
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| Articles and Publications | ||||||||
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Grab
Your Water Wings: How and When to Use a Pooled Special Needs Trust
When Planning for the Elderly Client (Michele P. Fuller) Letter
from State of Maryland Office of Attorney General, Dept. of Health
and Mental Hygiene (4/23/10) Pooled
Trusts (Robert B. Fleming, Esq.- Nov. 19, 2007) Pooled
Trusts - Letter re Medicaid divestment policy (State of Wisconsin
Department of Health Services - 1/22/09) Use
of Pooled Trusts for Nonmarital Domestic Partners (Sanford Mall
- NAELA News - 2007) |
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| Office Intake Forms and Misc. Info | ||||||||
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Notice of Fees (pooled account holders) Pooled Account Trust Benefits Checklist Pooled Account Trust List of Permissible Distributions Disclosure and Consent to Investment Advisory Mix Form ADV - Diversified Portfolios (info on investment advisor) Info to be provided to incoming pooled trust beneficiaries: Standardized Performance Data and Disclosures (as of 3/21/09) Best/Worst
Returns Performance Portfolio
Holdings (as of 3/31/2009) Performance
Comparisons Springhill
Pooled Trust Performance Reports (1/1926 - 12/2009) |
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| Joinder Agreements | ||||||||
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Springhill Housing Joinder Agreement Springhill Housing Joinder Agreement (with 10% provision) Springhill Housing Joinder Agreement (with JARC provision) Springhill Housing Joinder Agreement (with 10% and JARC provision) |
