Pooled Special Needs Trust Options
1st Party Trust
The 1st Party PSNT has been executed in compliance with 42 U.S.C. Section 1396p (d)(4)(c). This trust is for those, who are disabled and are seeking to protect their own eligibility for government benefits; including SSI, Medical Assistance (Medicaid) and others. A subaccount within the 1st Party Pooled Trust can be established by a parent/guardian, grandparent, Court, or the disabled individual him/herself. Funds that remain in this trust upon the death of the disabled beneficiary are first subject to Medicaid payback before they can be distributed to remainder beneficiaries.
3rd Party Trust
The 3rd party PSNT is designed to be used by 3rd parties to deposit their funds into trust and held for the disabled beneficiary’s sole benefit without being considered a countable resource for the disabled beneficiary. A subaccount within the 3rd Party Pooled Trust can be established by a parent, grandparent, sibling or other interested party. Funds within the 3rd Party Pooled Trust are not subject to Medicaid payback upon the death of the primary beneficiary and therefore flow directly to remainder beneficiaries named at the time of trust creation. The grantor of the 3rd party trust subaccount cannot name him/herself as the remainder beneficiary.