1. Are family members excluded from making decisions?
2. What do you mean when you say a Pooled Trust?
3. How are requests for disbursement made?
4. What are the fees?
5. How many people can serve as Donors?
6. Does PLAN of Massachusetts assume guardianship?
7. How much should I leave?
8. I already have a trust for my child who has a disability with a bank serving as trustee. Why should I consider switching to the Pooled Trust?
9. I already have a trust for my child who has a disability with another of my children serving as trustee. Why should I consider switching to the PLAN of Massachusetts Third Party Pooled Trust?
10. What does it mean when you say that a Pooled Trust is discretionary?
11. What does it mean when you say that the Pooled Trust is for "nonsupport" purposes?
12. Does the amount I leave in the Third Party Pooled Trust determine how much will be spent each year for my child?
13. What if I enroll in the Third Party Pooled Trust, but learn later that I don’t have enough money to actually fund my child’s trust? Do I bear legal liability to contribute to the trust?
14. When my child dies, what happens to money remaining in her Third Party Pooled Trust account?
15. When must my child’s Third Party Pooled Trust account be funded?
16. What if I want to fundthe Third Party Pooled Trust in advance?
17. I want to fund the Third Party Pooled Trust account at my death, but what if I am not enrolled?
18. What kind of effect will participation in the Third Party Pooled Trust have on estate, gift, and death taxes?
19. Are either of the Pooled Trusts intended to terminate in the future?
20. Is it possible for PLAN of Massachusetts to change the financial managers or the trustee?
21. Is there a maximum or minimum amount required for either of the Pooled Trusts?
22. If I want to set up either a Pooled Trust or a MARC Special Needs Pooled Trust, what steps do I need to take?
23. Still have questions?
    

1. Are family members excluded from making decisions?
Family members who establish a Third Party Pooled Trust will complete a Joinder Agreement and a Life Care Plan. Both documents identify the needs and desires of the family and the individual with a life long disability.
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2. What do you it mean when you say a Pooled Trust?
Each trust beneficiary has his own separate account in a Pooled Trust. For purposes of investment, the money is combined (pooled) with the money left by other donors. This enables the Trustee to spread administrative costs among all of the trusts in the Pooled Trust, thereby reducing the administrative costs.
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3. How are requests for disbursement made?
Requests are easy to make. We want to be accessible. Requests are made in writing, through the mail, fax, or e-mail. The donors designate who will request disbursements.
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4. What are the fees?
For a copy of our current fee schedule please contact us at:
617-244-5552
or
email info@planofma.org
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5. How many people can serve as Donors?
For the Third Party Pooled trust, there may be one or multiple Donors. Typically, if both parents are alive, both will be listed as Donors. Multiple Donors might also include other family members, such as grandparents and siblings without disabilities. For the MARC Special Needs Pooled Trust, the only donor is the beneficiary.
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6. Does PLAN of Massachusetts assume guardianship?
No. Someone other than PLAN of Massachusetts should be the guardian of a trust beneficiary.

The guardian should work cooperatively with PLAN of Massachusetts. On occasion, information only available to a guardian might be needed to properly administer the trust.
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7. How much should I leave in a Third Party Pooled Trust?
No single answer can be given to this question. Every family’s situation is unique.
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8. I already have a trust for my child who has a disability with a bank serving as trustee. Why should I consider switching to the Third Party Pooled Trust?
Most banks have a minimum trust account size of between $500,000 and $1,000,000. There is no minimum account size for the PLAN of Massachusetts Third Party Pooled Trust. PLAN of Massachusetts also provides more than professional management and expertise. We provide insight into meeting the personal needs of the individual with a disability. PLAN of Massachusetts is a nonprofit organization interested in improving opportunities for people with disabilities. Because of our overall mission, we may have greater sensitivity to what families want.
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9. I already have a trust for my child who has a disability with another of my children serving as trustee. Why should I consider switching to the PLAN of Massachusetts Third Party Pooled Trust?
There may be several reasons to establish a PLAN of Massachusetts Third Party Pooled Trust. Before changing any of your current arrangements you should seek the advice of an attorney.

PLAN of Massachusetts provides continuity and expertise in understanding the requirements of public benefits programs such as Supplemental Security Income (SSI) and Medicaid.
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10. What does it mean when you say that a Pooled Trust is discretionary?
Disbursement decisions for both Pooled Trusts are at the discretion of PLAN of Massachusetts. If PLAN of Massachusetts did not have discretion, a court of law might rule that the assets in the Pooled Trust are available as a resource available to the disabld beneficiary. As such, the account could be used in place of public benefits, rather than as a supplement to them.
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11. What does it mean when you say that the Pooled Trust is for "nonsupport" purposes?
PLAN of Massachusetts is specifically prohibited from paying for basic maintenance and support when these costs can be provided by other sources. In some states, courts have ruled that if the document creating a trust allows the trust to be used for basic maintenance and support, then the trust is a "support" trust and can be used to reimburse creditors who provide basic maintenance and support services. By specifically prohibiting basic maintenance and support, we focus on the Pooled Trusts' primary purpose, which is to supplement public benefit programs.
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12. Does the amount I leave in the Third Party Pooled Trust determine how much will be spent each year for my child?
The amount you leave provides a guide. PLAN of Massachusetts will advise the primary representative how much should be spent each year so that the money can last the lifetime of the beneficiary.

13. What if I enroll in the Third Party Pooled Trust, but learn later that I don’t have enough money to actually fund my child’s trust? Do I bear legal liability to contribute to the trust?
No. Your enrollment lets you use the Third Party Pooled Trust if you want, but does not obligate you to do so. Some parents may enroll as a hedge against other plans not working out. Of course, if you do not leave money, then there will be no money to distribute.
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15. When must my child’s Third Party Pooled Trust account be funded?
Your child’s account does not need to be funded in advance. In many cases, it will be funded at the death of the parent. Generally, it will be funded through your will or through life insurance specifically designated for this purpose.
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16. What if I want to fund the Third Party Pooled Trust in advance?
If you want to fund the account in advance, you can do so. One reason might be to assure that the money you leave will be available for your child who has a disability. Some parents worry that a catastrophic illness or similar situation may wipe out their entire savings. They worry that they may need nursing home care for themselves and have nothing left to leave for their child’s trust.

If you fund the Third Party Pooled Trust while you are still alive, you are making an investment into the future for your son or daughter. Any money that is placed in the Third Party Pooled Trust is invested by Cambridge Appleton Trust so that it will have an opportunity to grow. Even if your family member is using trust disbursements to pay for current expenses, the account balance will continue to accrue interest and/or dividends.
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17. I want to fund the Third Party Pooled Trust account at my death, but what if I am not enrolled?
You must be enrolled in order to fund a Third Party Pooled Trust. When you enroll in the Third Party Pooled Trust, we develop a Life Care Plan for your child. We update this Life Care Plan. We do this because your child’s situation and what you want for your child will change over time. We want our information to reflect these changes. If you aren’t enrolled, then we aren’t getting routine updates on important information that affects your child’s future.
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18. What kind of effect will participation in the Third Party Pooled Trust have on estate, gift, and death taxes?
Families need to consult directly with their own attorneys or tax advisors for all questions relating to taxes.
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19. Are either of the Pooled Trusts intended to terminate in the future?
No. PLAN of Massachusetts intends for both Pooled Trusts to last in perpetuity. PLAN of Massachusetts is the Commonwealth’s oldest and largest organization providing trustee services for Special Needs Pooled Trusts. Its staff is very committed and intends for both trusts to continue. If by some chance PLAN of Massachusetts could not continue, it has a list of stakeholder nonprofit organizations that have an interest and knowledge of the Pooled Trusts. One of the organizations involved would maintain the Pooled Trust.
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20. Is it possible for PLAN of Massachusetts to change Financial Managers or Trustees?
Yes. Cambridge Appleton Trust National Association (CATNA) is currently the Trustee for the Third Party Pooled Trust and the Financial Manager for the MARC Special Needs Pooled Trust. Cambridge Appleton Trust NA is chartered to manage investments on a national basis and enjoys relationships with clients across the country. PLAN of Massachusetts can replace Cambridge Appleton Trust NA if we believe their performance is not satisfactory.
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21. Is there a maximum or minimum amount required for either of the Pooled Trusts?
There is no minimum or maximum account size, but there are minimum annual fees.
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22. If I want to set up either a Third Party Pooled Trust or a MARC Special Needs Pooled Trust account, what steps do I need to take?
Contact the PLAN of Massachusetts office by phone, mail or email to request additional information or an application form.
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23. Still have questions?
You can contact the PLAN of Massachusetts office at 617-244-5552
or by email at info@planofma.org.
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