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Pooled Trusts and Estate Planning

When you choose NYSARC Trust Services for your clients, 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:

  • Plan for the future of a loved one with a disability
  • Protect unexpected windfalls of money
  • Preserve income and assets for Medicaid planning purposes and long-term care needs

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 without having to forfeit funds your client is entitled to receive.

Benefits even under age 65

A pooled trust is quick and inexpensive to establish and maintain because the trust documents have already been drafted and approved by the Social Security Administration (SSA) – 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 if there is not an appropriate person to serve as trustee and greater investment power for modest sums of money.

Asset Protection and Government Benefits

The NYSARC, Inc. Community Trust I and Community Trust III programs 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.

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.

Third Party Trust for a Loved One

When helping your clients plan for the future of a loved one with a disability, a special needs trust (SNT) can play a critical role in protecting their current and future eligibility for services while ensuring the funds are used appropriately and efficiently to enhance their quality of life.

The NYSARC Trust (Unrestricted Fund) is a third party special needs trust (SNT) funded by a parent, grandparent or other interested party who would like to gift funds to a loved one with an intellectual and/or developmental disability. This trust can be funded during the Donor's lifetime or as part of an estate plan or will.

  • Minimum opening deposit: $25,000
  • No administrative fees during the lifetime of the beneficiary
  • Monthly investment management fee and any direct expenses incurred
  • Up to $25,000 of remainder retained by the trust
  • Additional funds remaining upon death are distributed according to the trust document

What sets NYSARC above the rest?

  • Professional not-for-profit trust administration since 1972
  • Knowledge and experience you can trust
  • Serves all counties of New York
  • Inexpensive to set up and maintain
  • Accounts established quickly
  • Exceptional customer service available weekdays 8 AM - 5 PM
  • Dedicated case managers available to assist with management of trust assets as needed
  • Online Portal and automated phone system available 24/7
  • No limit on monthly disbursements
  • No annual renewal fees
  • Dedicated phone line for attorneys to reach management staff and expedite requests
  • Trust documents approved by the Social Security Administration
  • Independent audit performed annually

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

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