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How To Join GSPT

The Golden State Pooled Trust with its offices in Napa California that meets all of the state and federal guidelines for preservation of SSI and Medi-Cal eligibility. If this is a viable alternative for you, then you will need to sign a joinder agreement . Instead of a trustee, your will be asked to select a beneficiary advocate who would direct how the funds would be distributed.

Under federal law, you may join a Pooled Master Special Needs Trust and maintain your eligibility for SSI, Medi-Cal and IHSS if the Pooled Master Special Needs Trust meets the following guidelines. [1]

·         The pooled trust is established and maintained by a nonprofit association;

·         Separate accounts are maintained for each beneficiary;

·         There is no age restriction under this exception.

·         The trust account may be established by the disabled individual himself/herself without involving the disabled individuals parent(s) or grandparent(s);

·         To the extent that amounts remaining in the individual's account upon the death of the individual are not retained by the trust, the trust pays to the State from such remaining amounts in the account an amount equal to the total amount of medical assistance paid on behalf of the individual under the State Medicaid plan.

This is a good alternative especially if you do not have a parent or grandparent that can sign an Individual Self Settled Medi-Cal Payback Trust for you. The other advantage of a Pooled Master Medi-Cal Payback Trust is that the administrators of the trust are familiar with California’s benefits rules and you will be less likely to have a problem with eligibility.

Execution of Joinder Agreement

The Golden State Pooled Trust and the Beneficiary or the Beneficiary’s Legal Representative is required to sign the Joinder Agreement in order to join the trust.   The Advocate Acceptance of Duties will make the Advocate a party to the Joinder Agreement. A Joinder Agreement is the contract by which a Beneficiary enrolls as a participant in the Trust. The agreement is between the Golden State Pooled Trust and the Beneficiary (or the Beneficiary’s Legal Representative). The Joinder Agreement establishes an Individual Account with the Trust for the benefit of a Beneficiary. The Joinder Agreement also contains information about the Beneficiary, the Beneficiary’s Legal Representative (if any) the Advocate and any final Remainder Beneficiaries, as well as information about the rights and obligations of the Parties.

 

By execution of the Joinder Agreement and related enrollment documents, the Parties to the Joinder Agreement agree to the terms of the Trust, and acknowledge that upon the funding of a Beneficiary’s Individual Account with the Contributed Amount, the Beneficiary shall relinquish and release all control over the assets in the Individual Account.

Irrevocable Contribution

The assets contributed to an Individual Account are irrevocably assigned, transferred, conveyed and delivered to the Trustee to be used for the sole benefit of the Beneficiary and as set forth in the Trust and Procedure Manual.

 

Counsel by Referring Attorney

The disability community is very diverse and in many cases there are many ways to maintain eligibility for benefits. The policy of the Golden State Pooled Trust is that all potential beneficiaries shall be counseled by an attorney or the Trustee prior to joining the Golden State Pooled Trust to ensure that the beneficiary understands what his or her options are prior to joining the trust.

 

Each of the attorneys that refer cases to the Golden State Pooled Trust are independent attorneys and are encouraged to assist potential beneficiaries to explore the least restrictive and cost effective alternatives prior to assisting beneficiaries to join the

 

In most cases the first disbursement from the trust is for the attorney fees incurred by the beneficiary.


For more information on enrolling your client with GSPT click here.

 

[1] 42 U.S.C. §1396p(d)(4)(C)

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