We understand that these are new terms to many people. Here are the most common terms and meanings:
It depends. If the Trust is a Master Trust, it can be revoked if at least one Grantor is living, it was revocable when it was established, and the Joinder Agreement does not limit the revocation. If the Trust is an irrevocable Master Trust or a Pooled Medicaid Payback Trust, it cannot be canceled or revoked. All Pooled Medicaid Payback Trusts are irrevocable from the date executed and do not allow for early termination. Regardless of the type of Trust, it is permissible to distribute all of the funds during the Beneficiary’s life and, in that case, the Trust would be closed due to exhaustion of funds. A Trust can also be transferred to another pooled trust, for example, if the Beneficiary moves out of Ohio.
No, but we do remind the attorney of record and the Designated Advocate to do so when we mail a copy of the fully executed Joinder Agreement. If there is notice sent to a government agency by the attorney or another party, we encourage a copy of the notice be sent to Community Fund so we may retain it in the beneficiary’s file and produce it if the government agency questions whether or not it was notified of the Trust in the future.
Community Fund Ohio mails a copy of the fully executed and accepted Joinder Agreement to the attorney of record and the person who established the Trust. Community Fund Ohio also provides a copy of the Joinder Agreement to any new Designated Advocate when he or she begins serving in that role. The person who established the Trust or the primary Designated Advocate may request a copy of the Joinder Agreement by calling our Trust Development Coordinators or mailing a request to our Administrative Office.
Our Trust Agreements may be downloaded from our website. You may also contact our office to request that a copy be mailed or emailed to you. Remember that the “Trust Agreement” is the document between Community Fund Ohio and our Trustee. The document completed on behalf of a specific beneficiary is called the “Joinder Agreement.”