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In addition to the conditions listed in MA803A, this type of trust has the following conditions:
Condition |
Description |
Trustor |
The trust must be set up by the customer, the customer’s parent, grandparent, legal guardian, or a court.
A Pooled Trust is considered created on the date that the Joinder Agreement is signed by the customer or representative and the non-profit association that manages the trust. |
Trust corpus |
The trust corpus contains only the customer’s income and resources. A trust that contains income or resources of another person cannot qualify as a STT. Thus, a trust which allows the trustee to accept additions without clearly stating that those additions can only include the customer’s income and resources does not comply with this requirement. NOTE The customer’s income and resources may be freely added to the trust until the customer turns 65. |
Age |
The customer can be any age when the trust is created NOTE When the trust meets all of the conditions and is created before the customer turns 65, the trust can keep its special treatment status after the customer turns 65. However, any additions to the trust after the customer turns 65 are reviewed as transfers (MA902I). |
Disability |
The customer must have a disability at the time that the trust is created. Disability can be determined by: · The Disability Determination Services Administration (DDSA) using the same criteria used for the SSI-Cash program; · A Medical Eligibility Specialist using the Preadmission Screening (PAS) to determine a medical need for long term care services; or · A diagnosis of Serious Mental Illness (SMI) determined by the Arizona Department of Health Services. · When the customer was not receiving SSI or SSA disability benefits at the time the trust was created, a retroactive disability determination is requested. |
Management of the trust |
The trust must be managed by a non-profit association. While the income or resources of all trust beneficiaries may be pooled for investment and management purposes, a separate trust account must be kept for each person. |
Term |
Definition |
Beneficiary |
A person or entity entitled to receive the principal, income, or both from a trust. |
Trust corpus |
The income and resources that fund the trust. The resources or income in the trust corpus may be available to the customer but are no longer owned by the customer. The trust corpus may also be called the trust principal. |
The trust document itself is used for proof of who created the trust and the age of the customer at the time the trust was created.
In addition to the proof listed in MA803A, other proof needed for a pooled trust includes:
Proof of disability
The following items can be used for proof that the customer has a disability and the date the disability began:
· A Pre-Admission Screening (PAS) decision showing that the customer has been determined to be medically in need of long-term care.
· Records from SSA showing the person is receiving SSA or SSI disability payments or has been determined disabled.
· An SMI Determination Summary Report or SMI Eligibility Outcome form that includes a SMI diagnosis of functional inability to live in an independent setting or risk of serious harm to self or others.
Proof of the source of trust assets
Proof that the trust corpus contains only the customer’s assets includes documents and written statements showing the customer owned the item before it was titled to the trust. Examples of some documents that may be used include:
· Deed and title transfer documents;
· Records from the County Assessor or County Recorder; and
· Financial account statements.
Proof of Pooled Trust Management
· Documents showing that the company or organization managing the Pooled Trust is a non-profit association; and
· Accounting statements showing that a separate trust account is being kept for the customer.
Program |
Legal Authorities |
ALTCS |
42 USC 1396p(d) ARS 36-2934.01 AAC R9-28-407.E AAC R9-28-408.F |