For Attorneys & Advisors

Attorneys and Financial Advisors are often asked to help individuals with disabilities plan for the receipt of a lump sum that can result in the termination of eligibility for public assistance.  The lump sum may come from a personal injury settlement, a bequest from an estate or trust or a back payment from Social Security.  In other situations, it is the family seeking out counsel on including a disabled child in their estate plan.

The Disability Foundation provides solutions in all of these situations.  We offer a method for helping families ensure the quality of life for their disabled loved ones, without jeopardizing their governmental benefits, through our community pooled trusts.

These Trusts are Medicaid Payback Disability Pooled Trusts, set up pursuant to 42 United States Code Section 1396p(d)(4)(C).  The Ohio Community Pooled Annuity Trust (OCPAT) and the Ohio Community Pooled Flexible-Spending Trusts provide a financial plan for supplemental needs (as defined in Ohio Admin Code 5123:2-18-01) without causing loss of Medicaid and SSI benefits.

Through the Ohio Community Pooled Annuity Trust (OCPAT), individuals with disabilities, and their families, can establish an account that will provide a lifetime plan of payments backed by The Dayton Foundation.   When a family sets up an account in this trust, an annuity calculation is made, and a monthly benefit determined.  Each month that amount is credited to the individual’s spending account.  A major advantage of this Trust is that the monthly benefit is guaranteed for the life of the individual.

The Ohio Community Pooled Flexible-Spending Trust provides an option to families who do not want the annuity limitation in the OCPAT.  The only limit on the amount that can be spent is the amount in the individual’s account.  This provides more flexibility, if a major purchase is needed.

Distributions from both trusts are available for disbursement on a quarterly basis. For more information contact us