Helping people with disabilities protect benefit eligibility since 1972

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Elder Law and Special Needs Attorneys

When you choose NYSARC Trust Services, you are getting knowledge and experience your firm can trust and exceptional customer service that your clients can depend on.

Since 1972, NYSARC Trust Services has been an industry-leading administrator of special needs trusts and pooled trusts. Renowned for its knowledge of government benefits, compassionate service, and ability to meet the complex needs of people with disabilities.

NYSARC Trust Services is here to support you and your clients in navigating the demands of preserving benefit eligibility and protecting your clients’ assets by establishing a pooled trust.

NYSARC Trust Services can help your clients:

  • Protect excess income and/or resources to qualify and maintain eligibility for benefits
  • Avoid a nursing home and live comfortably at home with independence and dignity
  • Access vital benefits to ensure care for a loved one
  • Preserve assets from a direct inheritance, retroactive benefits payment, personal injury settlement, or other windfall of money
  • Afford items and services not covered by benefit programs

What is a pooled trust?

Established under Section 1917(D)(4)(C) of the Social Security Act 42 U.S.C. § 1396p(d)(4)(C), a pooled trust is managed by a non-profit organization such as NYSARC, Inc. (dba The Arc New York) and contains the assets of many different individuals, each held in separate sub-trust accounts.

A pooled trust is typically needed to protect a person with disabilities' access to means-tested government benefits, such as Medicaid and Supplemental Security Income (SSI), while also preserving future eligibility for services.

Benefits even under age 65

A pooled trust is quick and inexpensive to establish and maintain – making it a great option for clients even under the age of 65. It also offers the benefits of professional trust administration at an affordable cost and greater investment power for modest sums of money.

What sets NYSARC above the rest?

  • Professional not-for-profit trust administration since 1972
  • Knowledge and experience you can trust
  • Provides trust services to all counties of New York
  • Inexpensive to set up and maintain
  • Accounts established quickly
  • Exceptional customer service available weekdays 8 AM - 5 PM with multi-lingual support
  • Online Portal and automated phone system available 24/7
  • Electronic deposits of monthly income
  • Timely disbursement processing and automatic payments for fixed, recurring bills
  • No limit on monthly disbursements
  • No annual renewal fees
  • Dedicated phone line for attorneys to reach management staff and expedite requests

Income Spend-downs and Medicaid Eligibility

The NYSARC, Inc. Community Trust II program helps older adults and people with disabilities who have a Medicaid income spend-down and/or resources that exceed the Medicaid financial limits.

By depositing the Medicaid spend-down into a pooled trust, your clients can access Medicaid services while being able to afford their monthly living expenses to maintain comfort in the community. This trust can benefit clients who are seeking Community Medicaid for home care, to enroll in a managed long-term care plan (MLTC) or self-direct care through a Consumer Directed Personal Assistance Program (CDPAP), as well as other Medicaid waiver programs (TBI, NHTD, OPWDD, etc.)

  • $200 one-time enrollment fee (must establish with a minimum of $300)
  • Monthly fees based on spend-down deposit (starting at $30/month)
  • $50 tax and audit fee charged annually in July

For more information, review the documents for Community Trust II.

Asset Protection and Government Benefits

The NYSARC, Inc. Community Trust I and Community Trust III programs also assist people with disabilities who come into a windfall of money, either as a lump sum or structured payments. Instead of being forced to spend-down these funds quickly, your clients are able to use the funds throughout their lifetime to provide for items and services not covered by government benefits and purchases that are purely life-enhancing.

  • Minimum opening deposit: $300 (CTI) / $250,000 (CTIII)
  • Monthly fees calculated on balance (starting at $20/month)
  • $25 tax and audit fee charged annually in July
  • Dedicated case manager to assist your clients

For more information, review the documents for Community Trust I and/or Community Trust III.

How to enroll in a pooled trust?

Listed below are the items currently required when submitting an application:

  • Completed and notarized original Joinder Agreement
  • Copy of Social Security Card and Social Security Award letter indicating benefit type and claim number
  • OR SSA-1099 form (if provided, you do not need to send the SS card and award letter)
  • Copy of POA or Guardianship if Joinder Agreement signed by agent or guardian
  • Copy of Court Order, if established pursuant to court order
  • Guaranteed funds in the amount of $300.00 (e.g. bank check or money order)

For more information, please reference these detailed instructions on how to enroll.

Who can establish a pooled trust?

Under the Special Needs Trust Fairness Act (2016), a person with a disability can now create a trust on their own behalf using their own assets provided that they have the capacity to sign a legal document. Under current law, a parent, grandparent, legal guardian, agent under Power of Attorney, or court can also establish a first-party special needs trust to hold the beneficiary's assets.

The person or entity establishing the trust with the assets of the legally competent individual with a disability or transferring the assets of the individual to the trust must have legal authority to act with respect to the assets of the individual.

For more information, call (518) 439-8323 and we would be happy to assist you!

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