| | The statutes require:
1. The Pooled-Account Trust is established and managed by a nonprofit association. The Trustee has been granted tax exempt status (see Exemption Letter).
2. A separate account is maintained for each beneficiary of the trust, but, for investment and management purposes, the trust pools these accounts.
3. Each separate account is established solely for the benefit of the disabled individual by such disabled individual, by his or her parent, grandparent, or legal guardian, or by a court.
4. To the extent that the remaining funds in the beneficiary’s account at his or her death are not retained by the trust, the trust must pay to the state from such remaining amounts in the account an amount equal to the total medical assistance paid on behalf of the beneficiary under the state Medicaid program. At this time, the trust does not retain assets, so the State would need to be reimbursed following the beneficiary's death for any medical assistance provided.
The Southern Disability Pool Corporation was incorporated as a Georgia Non-Profit Corporation on January 16, 2004. It was formed to create one or more Special Needs Pooled Trusts for the benefit of disabled persons. Thus far, it has created one pooled trust, the Community Trust of Northwest Georgia (the "Trust"). The Trust was formed in accordance with 42 U.S.C. § 1396p(d)(4)(C), as well as Georgia's Community Trust Statute (O.C.G.A. § 30-10-1 et seq.).
The trust can pay expenses that are incurred for a variety of items or services. The following are some of the expenses that the trust can pay without jeopardizing government benefits:
- Medicines and Devices. The trust can provide funds for experimental therapies, prescription and nonprescription medicines, eyeglasses, hearing aids, prosthetic devices and expenses for maintenance of those devices.
- Medical Services. The trust can provide funds for a private room, private nurses, private care management, home health care, physical therapy, rehabilitation, hospice care, medical transportation, wheelchairs, modified scooters, supplemental dietary needs, eyeglasses, psychological counseling, respite care and room and board during a medical confinement.
- Dental Care. The trust can provide for dental check-ups and all related needs.
- Education. The trust can provide funds for vocational, athletic training and educational expenses such as tuition, books, supplies, computer and software and training in their use.
- Recreation. The trust can provide funds for the beneficiary's hobbies, attendance at cultural and athletic events and vacation travel (including the cost of a companion if needed) for visits with relatives and friends, Radios, stereos and musical instruments, Cultural experiences.
- Transportation. Funds for purchase of a car, including insurance, gasoline and maintenance, are provided if a car is necessary for the beneficiary to perform essential daily activities, or for a specially equipped vehicle such as a van.
- Insurance. The trust can pay the premiums for term life insurance. Such insurance may be a vehicle for providing future security for beneficiaries. Also, supplemental health insurance may be paid for from the trust.
- Certain Housing Items. The trust can provide funds for payment of goods and services that add pleasure and quality to life: audio and video equipment, videos, CD's, DVD's, furniture, gardening expenses, home insulation, home improvements such as ramps and rails to accommodate the beneficiary's physical condition and similar items.
Individuals who wish to join the Trust must complete the Trust's Joinder Agreement. The Trust and the Corporation's other documents of record are on file with its attorney, David L. McGuffey. To review the Master Trust Agreement, click here.
Presently, the Law Office of David L. McGuffey is assisting the Trust and has information concerning its background and operations. If you would like more information about the Trust or about pooled trusts, generally, please feel free to contact us.
Other Pooled Trusts:
Georgia Community Trust (Atlanta)
Vista Points (Tennessee's Pooled Trust)
The Florida Pooled Trust
Alabama Family Trust
The ARC of Texas Pooled Trust
The North Dakota Pooled Trust
Resource Links:
CMS, State Medicaid Manual, Section 3259.7.B
SSA, POMS SI 01120.203.D.2
Georgia Medicaid Manual, Section 2337
© 2004, Law Office of David L. McGuffey, LLC
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