What is a Pooled Trust? – NYSARC Trust Services (2024)

Pooled Supplemental Needs Trusts (SNT)

A pooled trust is an irrevocable supplemental needs trust (SNT) that, under Federal and New York statute, allows people with disabilities and older adults seeking long-term care services to spend down excess funds in order to qualify financially or maintain eligibility for government benefits, such as Medicaid and/or Supplemental Security Income (SSI).

Pooled trusts give people with disabilities a way to access vital health benefits while utilizing the excess funds they deposit into the trust to pay for items and services not covered by those benefits.

In accordance with Federal statute, first party pooled trust accounts close upon the death of the beneficiary. Any funds that remain in the account must be retained by the trust or paid to the State(s) that provided Medicaid services on behalf of the beneficiary up to the amount of any outstanding Medicaid lien/s. The funds that remain in a third-party pooled trust are distributed according to the wishes outlined by the Donor in the Joinder Agreement.

If you have questions, give us a call at (518) 439-8323!
We have an exceptional customer service team available weekdays from 8:30 AM – 5:00 PM who would be happy to assist you.

Who is eligible for a Pooled Trust?

New York residents of any age who are disabled as defined by Social Security Law can establish a pooled trust to deposit excess monthly income and/or resources so that those funds are no longer considered when determining a person’s eligibility to receive services through means-tested government benefits.

Benefits of a Pooled Trust

  • Qualify and maintain eligibility for Medicaid and/or SSI benefits
  • Protect funds for supplemental needs that enhance quality of life
  • Get care in the community and be able to afford to pay bills
  • Avoid having to spend-down funds quickly

NYSARC Pooled Trust Programs

NYSARC's Community Trusts are pooled trusts, which qualify as supplemental needs trusts (SNT) for people with disabilities as described under Social Security Law Section 1614(a)(3)[42 USC 1382c(a)(3)]. First-party SNTs are funded with the personal income and/or assets of the person with disabilities. While third-party SNTs are funded with assets that belong to someone else.

How It Works?

Pooled trusts are established and managed by a not-for-profit organization, such as NYSARC, and a financial institution serves as co-trustee. Each beneficiary has their own sub-trust account, however the funds are pooled for investment and management purposes.

As Trustee, NYSARC will administer the account and distribute funds to pay third parties for eligible expenses and purchases that are for the primary benefit of the beneficiary when provided with required documentation.Once the funds are deposited into the trust, the money cannot go back to the beneficiary directly in order to protect their eligibility for benefits.

Trust funds can pay for many things, but not all requests can be paid in order to comply with the policies set by the Social Security Administration’s (SSA) program operations manual system (POMS).

If you have questions, give us a call at (518) 439-8323!
We have an exceptional customer service team available weekdays from 8:30 AM – 5:00 PM who would be happy to assist you.

What is a Pooled Trust? – NYSARC Trust Services (5)

Why You Should Choose NYSARC?

NYSARC Trust Services has been administering supplemental needs trusts since 1972 and is New York’s original provider of pooled trusts to spend-down income to qualify for Medicaid. NYSARC hashelped thousands of people protect their eligibility for benefits and enhance their quality of life.

To learn more, see why so many peoplechoose NYSARC Trust Services!

Got a question for us? Use this form to request more information.
What is a Pooled Trust? – NYSARC Trust Services (2024)

FAQs

What is a Pooled Trust? – NYSARC Trust Services? ›

Pooled trusts give people with disabilities a way to access vital health benefits while utilizing the excess funds they deposit into the trust to pay for items and services not covered by those benefits. In accordance with Federal statute, first party pooled trust accounts close upon the death of the beneficiary.

What is a pooled trust in NYS? ›

A pooled trust is a type of supplemental needs trust that allows disabled New Yorkers to qualify for Medicaid without losing the benefit of income above the limit.

What is a pooled trust? ›

A pooled trust contains the assets of many individuals that are held or “pooled” in separate trust accounts. The pooled trust is analogous to a bank that holds the assets of individual account holders.

Is a pool the same as a trust? ›

A pool differs from a trust because it is non-binding agreement between similar companies to fix prices, share profits, and control the market, collectively. The problem with this system is there isn't a contract that binds these companies together; only an understanding of what is expected.

Can social security benefits be deposited into a trust account? ›

Directing Benefits into a Trust is Prohibited

Section 1631(d)(1) of the Act incorporates section 207 to protect Title XVI benefits.

How do pooled income funds work? ›

A pooled income fund is a type of trust that enables donors to make tax-deduct- ible gifts to a charity and provide income to one or more individuals for life. After the lifetime of the last income beneficiary, the donor's interest in the pooled fund is transferred to the charity.

How do I protect my assets from Medicaid in NY? ›

Benefits of MAPTs

This type of trust can shield your assets from Medicaid, allowing you to preserve them to pass on to your family. A MAPT is an irrevocable trust, so once you transfer assets to the trust ownership, you cannot under most circ*mstances transfer them back.

What is a qualified trust? ›

A trust may be "qualified" or "non-qualified," according to the IRS. A qualified plan carries certain tax benefits. To be qualified, a trust must be valid under state law and must have identifiable beneficiaries. In addition, the IRA trustee, custodian, or plan administrator must receive a copy of the trust instrument.

What is the point of a trust? ›

A trust allows you to be very specific about how, when and to whom your assets are distributed. On top of that, there are dozens of special-use trusts that could be established to meet various estate planning goals, such as charitable giving, tax reduction, and more.

How did pool differ from a trust? ›

Pools were larger than trusts. A trust limited competition, but a pool did not. Only vertically integrated companies formed pools. Pools were made of independent companies, but a trust was not.

What does pool of funds mean? ›

Pooled funds are investment vehicles such as mutual funds, commingled funds, group trusts, real estate funds, limited partnership funds, and alternative investments. The distinguishing feature of a pooled fund is that a number of retirement boards or investors contribute money to the fund.

Are trust funds good or bad? ›

The benefits of a Trust Fund are numerous, but perhaps the biggest perk is the control it provides over the management of your assets. Trust Funds can guarantee that your assets are properly taken care of until your beneficiaries come of age, while also allowing them to avoid probate.

How do I get the $16728 Social Security bonus? ›

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

What trust does not affect SSI benefits? ›

However, federal law provides for certain exceptions, which are known as special needs trusts or sometimes supplemental needs trusts. If these instruments are properly devised, the funds that they contain will not affect the SSI eligibility of a person with a disability.

How much money is left in the Social Security trust fund? ›

A 2023 annual deficit of $41.4 billion decreased the asset reserves of the combined OASDI trust funds to $2,788 billion at the end of the year.

What is the difference between a pooled income fund and a charitable remainder trust? ›

The primary difference between a pooled income fund and a CRT is that a charitable remainder trust is private. It is established with the assets of one donor or donor family. A pooled income fund, on the other hand, invests the assets of a larger number of donors to earn a return.

What makes a trust valid in NY? ›

According to EPTL 7-1.17, in order for a living trust to be valid, it must: Be in writing. Be acknowledged by the creator. Be acknowledged by at least one trustee, unless the creator is the sole trustee.

Can you own a home and get Medicaid in NY? ›

In short, owning a home typically will not disqualify you from Medicaid. However, other assets can put you over the asset limit.

References

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