A First-Party PSNT is established with the beneficiary’s own funds, usually as a result of a personal injury or workers’ compensation award, inheritance left directly to the beneficiary, or Social Security back payment.
If funds are received directly, the individual’s SSI and Medicaid eligibility could be jeopardized due to the $2,000 countable resource limit. Once these benefits are lost, the funds will be used to pay expenses that otherwise could have been covered by SSI and Medicaid benefits.
By establishing a First-Party PSNT with Commonwealth Community Trust (CCT), SSI and Medicaid benefits are not jeopardized.
The First-Party PSNT provides fiscal oversight to ensure that the funds are used for the sole benefit of the Beneficiary, provides professional management and investment of funds, and can be used to enrich the quality of life for the Beneficiary.
The funds can be used to pay for expenses that will enhance the quality of life for the Beneficiary. Disbursements can be requested from the trust by a Primary or Secondary Advocate. Bills are paid by check to vendors or reimbursed to the Advocate or in certain circumstances a credit card is made available and funded by the Beneficiary’s trust account.
For more information, see our Disbursement Information Manual.
Objectives of the Trust
The Objectives of the Trust form is intended to share the goals for the beneficiary’s trust, how long the trust is anticipated to last, and the vision for how the trust should be used.
First-Party Remainder Policy
The Remainder Policy determines what happens to the remaining trust funds upon the death of the Beneficiary.
Each Beneficiary’s funds are placed in an individual sub-account. The cash assets from all sub-accounts are then “pooled” together, and are invested and managed by True Link Financial Advisors. True Link Financial Advisors is the investment manager to the Trust, not the individual beneficiaries. True Link Financial Advisors does not provide investment advice or services to the individual beneficiaries of the Trust.
Pooling the funds is intended to reduce administrative fees with the goal of increasing the principal for investment purposes. Account statements are available online and mailed quarterly.
The Grantor of a First-Party PSNT can be the Beneficiary with special needs or someone acting on behalf of the Beneficiary such as the parent(s), grandparent(s), the Court or Legal Guardian.
The funds are the Beneficiary’s own funds from a personal injury award, workers’ compensation claim, Social Security back payment, inheritance, or savings.
The Beneficiary is someone with special needs for whose benefit the trust was created.
The Advocate(s) is an important part of the Beneficiary’s team and works closely with CCT staff. The Advocate(s) is authorized to make disbursement requests by signing and submitting the Payment Request Form to CCT and may receive confidential financial information about the Beneficiary’s sub-Account.
The Advocate(s) is usually named by the Grantor(s) on the CCT Joinder Agreement (the legal document to join the trust), and may be the Beneficiary, a Guardian, Conservator, Power of Attorney, family member, case worker, friend, and/or someone who is trusted and familiar with the needs of the Beneficiary.
However, CCT has sole discretion to decide what distributions are in the Beneficiary’s best interest and permitted under the terms of the trust, as well as when to share information.
For a Beneficiary who never received Medicaid benefits:
After the customary CCT administrative fees, Capital First Trustee fees and True Link Financial Advisors, LLC, investment management fees are disbursed the remaining funds are distributed as designated in the Joinder Agreement, the legal document to join. The Grantor can designate Primary and Contingent Successor Beneficiaries who will receive the funds. The Grantor can designate one person, several people, or a nonprofit organization like CCT to receive some or all of the remainder funds. The named remainder beneficiaries cannot be changed.
Please see Section 8 in the First-Party Pooled Special Needs Trust Joinder Agreement on“Distributions Upon the Death of the Beneficiary” for further details.
For a Beneficiary who received Medicaid benefits:
The First-Party Pooled Special Needs Trust is a Medicaid payback trust for Beneficiaries who receive Medicaid. Upon the death of the Beneficiary, there are specific rules for what happens to the remainder. These rules vary from state to state. In general, the Medicaid office for each state in which the Beneficiary received Medicaid benefits is notified and CCT requests information detailing the total amount that Medicaid has paid on behalf of the beneficiary for medical expenses.
CCT’s policy is followed to the extent that it complies with each state’s Medicaid Policy.
1. When Medicaid is owed less than the amount remaining in the trust:
Example – If there is $50,000 remaining in the trust and Medicaid is owed $25,000, the Successor Beneficiary(ies) per the Joinder Agreement will receive the balance after Medicaid is reimbursed and administrative fees are deducted.
2. When Medicaid is owed more than the amount remaining in the trust:
Example – If there is $50,000 remaining and Medicaid is owed $60,000, the remainder will be retained by CCT to support its mission to serve people with special needs if allowed by the state’s Medicaid policy.
IMPORTANT: Pre-need funeral and burial arrangements for the Beneficiary should be made and paid for in advance, as disbursements cannot be approved once the Beneficiary has passed away.It is important that CCT is notified by the Grantor or Advocate at the time of death of the Beneficiary. CCT is not notified by any other agency. A copy of the death certificate is requested when it becomes available.
If you have any questions about the process, please don’t hesitate to call our office at 804-740-6930 or email us at info@trustcct.org. Our staff is available to answer your questions Monday through Friday from 9:00 am to 5:00 pm Eastern Standard Time.
Mailing Address:
Commonwealth Community Trust
P.O. Box 29408
Richmond, VA 23242-0408
"CCT has been a blessing to our family. CCT has provided a sense of order, organization, trust, and leadership in helping to provide and protect the well-being of my younger sister. I would recommend CCT to anyone, and I already have." — Dan, Brother and Advocate of a CCT Beneficiary
"I have had nothing but exceptional service from this company, they take their time to help with my needs and make sure I have what I need." — Dustin, Beneficiary of CCT
"With the help of CCT I was able to purchase my Dream vehicle. Emily at CCT was/is a HUGE help! It was a very smooth transaction." — Cathy, Beneficiary of CCT
"CCT made getting the wheelchair equip van we so much needed for our grandson the easiest purchase ever. Thank you CCT!!!" — Grandmother of Beneficiary Kobe
"CCT has been amazing. Very helpful with guiding us through this process." — Rhonda, Mother and Advocate of a CCT Beneficiary
"CCT has been wonderful in serving the financial needs of my grandson. They are always prompt in answering questions and suggesting how we can make something happen for him. He just turned 18 this year and we still plan on using this service." — Nancy, Grandmother and Advocate of a CCT Beneficiary
"CCT has been a blessing to our family. CCT has provided a sense of order, organization, trust, and leadership in helping to provide and protect the well-being of my younger sister. I would recommend CCT to anyone, and I already have." — Dan, Brother and Advocate of a CCT Beneficiary
"I have had nothing but exceptional service from this company, they take their time to help with my needs and make sure I have what I need." — Dustin, Beneficiary of CCT
*Disclaimer Statement: CCT is not a chartered bank or trust company, or depository institution. It is not authorized to accept deposits or trust accounts and is not licensed or regulated by any state or federal banking authority.
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