An agency can establish its own Special Needs Pooled Trust by adopting Arlington Heritage Group's prototype trust agreement. The agency's Special Needs Pooled trust helps shelter an individual's resources to pay for future as well as unfunded government expenses. These trust funds are held by a state licensed bank, AmeriServ Trust & Financial Services Company, and controlled by the agency's trustee. Assets are managed in a highly conservative fashion with an emphasis on preservation of principle.  The agency trustee maintains controls all investment decisions, deposits, and disbursements. 

The Arlington Heritage Prototype Agreement meets all the requirements of the federal and state laws. The key requirements are listed below: 

1.  Trust is established and managed by a non-profit organization

2.  Separate accounts are maintained for each client in the trust

3.  Money in the trust account is used solely for the benefit of the client

4.  Upon the death of the client, the state's Department of Welfare (or other such agency) may lay claim against the remaining funds in the client's trust.  The remainder will be transferred to the agency's Special Needs Pooled Trust for the benefit of other clients in the pooled trust. 

The process to establish your agency's Special Needs Pooled Trust is as follows: 

1. A non-profit agency furnishes Arlington with an IRS letter declaring the organization's non-profit status along with the tax-exempt ID number.

2. The agency executive director signs the prototype agreement and entity agreement to establish the trust.

3. Payment of intitial fee ($575) to establish trust.

4. After these items are sent to our trust facility, AmeriServ Trust & Financial Services Company, which then sends a confirmation letter to the trustee establishing the Special Needs Pooled Trust for the agency.  The agency can now enroll their clients in its trust. 

For Individuals
The following is a summary of requirements that must be met by an individual to qualify for a Special Needs Pooled Trust. 

1. The individual is disabled as defined by SSI criteria 1442 USCA Section 1382C(a)(3).

2. The trust is established FBO (For the Benefit Of) the individual by a parent, a grandparent, legal guardian, the court, or by the individual.

3. Separate accounts must be maintained for each individual in the trust.

4. Funds are available for daily living needs of the individual not covered by existing governmental programs