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Pooled Trust

Trust Terms

A non-profit-managed special needs trust that pools assets from many beneficiaries into separate sub-accounts.

A pooled trust is a kind of special needs trust authorized under federal Medicaid law at 42 U.S.C. §1396p(d)(4)(C). Assets from many disabled beneficiaries are pooled together for investment efficiency, but each beneficiary has a separate sub-account that tracks their share. A non-profit organization serves as trustee and handles the administration, recordkeeping, and distributions.

When a Pooled Trust Makes Sense

Pooled trusts solve two real problems families run into:

  • No good individual trustee. Some families do not have a relative or friend with the time, financial skill, or willingness to serve as trustee for the rest of a disabled beneficiary's life. The non-profit fills that gap.
  • Asset level too small for a standalone SNT. Setting up and administering an individual first-party SNT can cost thousands per year in trustee and accounting fees. For smaller balances, a pooled trust spreads those costs across many beneficiaries and becomes practical.

How It Differs From Other SNTs

Pooled trusts share a structure with first-party (d)(4)(A) trusts in one important way: they are funded with the beneficiary's own money, and at the beneficiary's death any remaining sub-account balance either stays with the non-profit to help other disabled members or is paid back to Medicaid. That payback rule does not apply to a third-party SNT funded by parents or grandparents.

Unlike a (d)(4)(A) trust, a pooled trust has no age-65 cap on funding in the federal statute, though some states impose a transfer penalty on contributions made after that age. The non-profit trustee structure also means families do not have to recruit a successor trustee down the road.

For most Arizona families planning ahead for a disabled child, a third-party SNT inside the parents' trust is the first-line tool. A pooled trust comes into play more often when the disabled person receives money in their own name, such as a personal injury settlement, and a family-run trust is not workable.

For the full picture of how this term fits into an Arizona family's plan, see our Special Needs Trust Arizona: Complete Guide.

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