Using and Administering Pooled
Special Needs Trusts

Like any special needs trust, trustees must be aware of a variety of public benefit and fiduciary rules in exercising their discretion to make disbursements to benefit a person with a disability. There are certain rules on what is allowed, certain rules on what is not allowed, and certain rules that are ambiguous. The decision on making disbursements is even more complicated when being made from a Pooled SNT. Are you setting a difficult precedent to follow? What if its for purchase of a home, will the not-for-profit be comfortable managing real estate? There are many traps for the unwary. Our speaker Joanne Marcus, the Executive Director of the Commonwealth Community Trust will discuss these important rules and what the careful administrator and professional should know when making Pooled SNT disbursements.

States handle the issue of the funding of a first-party pooled trust differently for someone who is over the age of 65. Some states may issue a penalty and some do not. Allow Michele Fuller, an attorney experienced in the administration of pooled trusts, to describe the effect on a person's SSI or Medicaid eligibility when a trust is funded for someone over the age of 65. She will review the law and provide some practical tips for handling this issue.

Pooled trusts have become an integral part of special needs planning. Yet selecting and evaluating pooled trust programs is an under-appreciated aspect of special needs planning. Pooled trusts come in many shapes and sizes. Services will vary widely. Different fees will be charged. There may be limited investment platforms. The charity may (or may not) negotiate its right of recovery. Is the charity solvent? How are clients supposed to navigate these shifting waters? How can you help them select the right trust? Let national pooled trust expert Travis Finchum explain what planners should look for when recommending pooled trust programs.

One of the most challenging aspects of special needs planning is handling the retirement plan assets of a parent who wishes to leave these assets to a special needs child. Frankly, one of the most challenging aspects of estate planning is planning for retirement assets. Is the only way to handle this situation a stand-alone third party trust? Not necessarily. Allow attorney Robert Mascali to describe the steps needed to properly transfer an IRA account into a third-party pooled trust in the most tax efficient way. Robert is an attorney and senior settlement consultant for the Center for Special Needs Trust Administration, Inc. and has a wealth of experience in finding creative solutions to these difficult issues.

Pooled trust administration can be a time-consuming and tricky job. One small error in administration could have a profound impact on the public benefit eligibility of potentially hundreds of beneficiaries. Will Lindahl has been administering pooled SNTs for over a decade. His technology based innovations include a smartphone app that allows beneficiaries to seek appropriate disbursements through their phone, an automated follow-up software package that will immediately escalate an issue to the right people automatically, and much much more.

Pooled trusts are a unique tool designed to enhance the quality of lives of persons with disabilities. The trusts are unique in that a single document controls the administration of potentially hundreds of beneficiaries. Allow Michele Fuller, an attorney experienced in the drafting and administration of pooled trusts, to describe the provisions that work well in these circumstances and those that have caused problems. She will also describe how a properly drafted Joinder Agreement can benefit the charity, the trustee, and the beneficiaries of a pooled trust.