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FAQs for Recently Established Trusts

We understand that these are new terms to many people. Here are the most common terms and meanings:

  • The Agreement Number is assigned by Community Fund Ohio and is found on the first page of every accepted Joinder Agreement and every statement from our current Trustee. It consists of 1-2 letters and 8 numbers. It may also have an “R” at the end. All of the letters and numbers are important for Community Fund staff to identify the correct sub-account. Sub-accounts established prior to October 2019 may have had additional account numbers assigned by our prior trustees, but an Agreement Number has always been assigned and is the only identification number we use now.

  • The Beneficiary is the person with a disability for whose benefit the Trust was established.

  • The Grantor of a Pooled Medicaid Payback Trust is the Beneficiary. The Grantor of a Master Trust is the person who establishes the Trust.

  • The Designated Advocate (DA) is identified in the Joinder Agreement to communicate with Community Fund on behalf of the Beneficiary. The Designated Advocate may be an individual or an organization, but any organization DA must identify a specific contact person.

  • Community Fund Ohio serves as the Trust Advisor. We are an Ohio nonprofit and a required party for all pooled trusts pursuant to Federal and Ohio law. While every pooled trust may have its own policies and procedures, Community Fund Ohio as Trust Advisor handles all daily administration and communication for our Pooled Trust. We also select the trustee and make distribution decisions.

  • The Huntington National Bank (Huntington) was selected by Community Fund Ohio to serve as the Trustee beginning on October 1, 2019. It assists Community Fund Ohio in making distributions and handles other functions as agreed to by Community Fund and Huntington.

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.”

FAQs about Administering a Trust After a Beneficiary has Died

FAQs about Deposits

FAQs about Designated Advocates

FAQs about Distributions

FAQs about Taxes

FAQs for Attorneys

FAQs for Grant Applicants

FAQs for Recently Established Trusts

About Community Fund Ohio

Community Fund Ohio is a nonprofit tax-exempt organization that enhances life for Ohio residents with disabilities by protecting their eligibility for government benefits and funding their current and future needs through pooled special needs trusts, grants, community education, and related services.

Administrative Office
17900 Jefferson Park
Suite 102
Middleburg Heights, OH 44130
216.736.4540
216.867.9783
[email protected]
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Community Fund Ohio is open Monday through Friday, 8:30 am to 3:30 pm EST, excluding holidays and training. Our holiday schedule is on our Forms page for your convenience.

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Disclaimer: Community Fund Ohio cannot guarantee that a beneficiary will retain his or her government benefits but will assist the beneficiary in answering questions about a Community Fund Ohio Pooled Special Needs Trust. This website is for informational and educational purposes only. It is not intended to constitute legal advice, nor is it a substitute for obtaining legal advice from a licensed attorney.