Providing peace of mind to individuals

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Presentation transcript:

Providing peace of mind to individuals with disabilities and their families since 1998

History Of AFT ACHIEVA - Formerly ARC Allegheny Grassroots organization started by parents in 1950s out of concern for their children with disabilities In 1993, the Social Security Administration enacted legislation that allowed for the creation of Pooled Trusts In 1998, fundraising efforts allowed for the establishment of AFT, making ACHIEVA the first organization in the state with a Pooled Trust ACHIEVA Family Trust Currently more than 2,100 accounts and more than $100M in assets under management Services are provided for persons with all disabilities, across Pennsylvania and 12 other states

Services Provided by ACHIEVA Family Trust Corporate Trustee for Special Needs Trusts for individuals with disabilities Trusts can be established for a $500 minimum deposit, with reasonable fees for administration Knowledgeable Trust Administrators have extensive experience with social services and government benefits to help preserve eligibility for essential government services, at no additional cost Manages and distributes funds to improve the quality of life for individuals with disabilities, recognizing their individual preferences and capabilities Provides Future Planning resources for individuals with disabilities and their families, including referrals, planning tools, supports that augment government funded services and trust management

Services Provided to the Legal and Nonprofit Community No cost Case Consultations and assistance with government benefit questions to determine if a Special Needs Trust is necessary Advice on drafting of trust documents that includes providing sample language for a Third Party Special Needs Trust Continuing Legal Education on topics related to Special Needs Trusts Monthly e-newsletter Free online Personal Planning Guide

Special Needs Trusts Administered by AFT A trust is designed for beneficiaries who are disabled, either physically or mentally Used for supplemental and extra care over and above what the government provides For the sole benefit of the beneficiary SUPPLEMENT: Can be used for supplemental items such as clothing, vacation, medical needs, transportation, recreation, entertainment SUPPLANT: Cannot be used for housing, grocery food, utilities, cash access Home purchases and accessibility renovations may be considered and paid for from a Special Needs Trust

Special Needs Trusts Types of Special Needs Trusts Exemption Pooled Payback Third Party (sometimes referred to as Common Law) Exemption Resources in Special Needs Trusts are not considered available as cash assets, and therefore, do not count against eligibility standards Allows individual to have above the $2000 SSI limit or the $8000 Waiver limit

Pooled Trusts 42 USC §1396p(d)(4)(C) Trust is established and maintained by a non-profit association Beneficiary must be disabled as defined in 42 U.S.C. §1382c (a)(3) May be established by an individual with a disability (beneficiary), parent, grandparent, legal guardian, or Court Generally funded with assets belonging to the individual with a disability Standard documents allow for accounts to be created quickly and cost effectively Distributions must be for the sole benefit of the beneficiary Funds are pooled for investment but accounted for separately Beneficiary should be under 65 At beneficiary’s death, remaining funds stay with the trust ACHIEVA Family Trust Charitable Residual Program

Payback Trusts 42 USC §1396p(d)(4)(A) Individual and/or Corporate Trustee Beneficiary must be disabled as defined in 42 U.S.C. §1382c (a)(3) May be established by an individual with a disability (beneficiary), parent, grandparent, guardian or Court Generally funded with assets belonging to the individual with a disability Must be drafted by an attorney and approved by DHS Distributions must be for the sole benefit of the beneficiary Court approval required for minors, incapacitated Beneficiary must be under age of 65 Residual funds at beneficiary death must pay back state(s) for all Medicaid (MA) benefits Any amount remaining after state payback can be directed to family / friends / charity

Third Party Trusts PA Case Law: Lang v. Commonwealth of PA, Dept of Public Welfare, 515 PA 428, 528 A.2d. 1335 (1987); et al. Established by friends or family; someone other than the individual with a disability Individual and/or Corporate Trustee Funded with assets belonging to third party Inter vivos or testamentary or both Must be drafted by an attorney Magic words: supplement, not supplant Remaining funds can be left to family members / friends / charity No age limit

ABLE ACT The Achieving a Better Life Experience or ABLE Act was signed into law by President Obama on December 19, 2014 Creates a new provision under Section 529 of the IRS Code establishing ABLE accounts, which allow individuals with a disability to save for qualified disability related expenses, much like a traditional 529 plan allows for saving for education-related expenses The Pennsylvania ABLE Savings Program is administered by the PA Treasury Department - PAABLE.gov or 855-529-2253

Trust Administration All Trust Administrators (5 currently), have a social services background with an average of 20 years of experience in the field Trust Administrators work directly with the beneficiary and/or their family to determine the best use of trust funds to enhance the quality of life for the beneficiary, while protecting essential government benefits Trust Administrators educate and advocate for services that may potentially preserve trust assets for beneficiaries. This includes maintaining relationships with a wide network of social service agencies, the Social Security Administration and the PA Department of Human Services The process to access trust funds is efficient and convenient. Disbursements can be made through various methods in a timely manner including same day if needed Charitable Residual Program

Charitable Residual Program Since it’s inception we have disbursed more than $4 million Funds have been disbursed for camps / recreation, home and vehicle modifications, ipads, medical needs or supplies Applicants can reside anywhere in Pennsylvania Online applications are available at ACHIEVAFamilyTrust.org

Trust Investments Trust assets are managed by PNC Institutional Asset Management and Capital Group Private Client Services AFT’s Investment Policy is designed to protect and prudently grow the trust assets: 50% Equity 50% Fixed Income Investment Policy reviewed and approved annually by both Investment Managers; AFT Investment Committee; AFT Board; ACHIEVA Finance Committee and ACHIEVA Board

Historical Investment Performance AFT’s Total Fund Performance (Includes both PNC and Capital Group results) 2013 12.47% 2014 4.70% 2015 0.16% 2016 5.19% Market Value as of 5/17/17: $106,992,086

New Services ACHIEVA Family Trust now offers: Online access to trust accounts Trustee Services for Individual Retirement Accounts (IRAs) when coupled with a Special Needs Trust The ability to accept Real Estate in certain situations Satellite location in Erie, PA with additional locations planned

Future Planning Project United Way of Allegheny County Results of a survey conducted with caregivers showed that fewer than half of respondents reported having wills and / or plans for their dependent’s care when they can no longer provide that care.

Future Planning Project Three Year grant from United Way to provide Education & Outreach for Caregivers and Support Coordinators Included presentations to community groups, attendance at vendor fairs, a monthly newsletter, annual Speaker Series and a online Free Personal Planning Guide Involves facilitating additional access for families to competent legal services Engaged approximately 70 attorneys to provide legal services for families of individuals with disabilities Offered families a free legal clinic with attorneys associated with the project Provided a free CLE training on Special Needs Trusts for Personal Injury Attorneys Proposal for expansion of Future Planning

711 Bingham Street Pittsburgh, PA 15203 Phone: (412) 995-5000 Amy Dolan Strano, Esq. President adstrano@achieva.info 412.995.5000 x 405 Michelle Sipple Vice President msipple@achieva.info 412.995.5000 x 479 711 Bingham Street Pittsburgh, PA 15203 Phone: (412) 995-5000 Fax: (412) 995-5013 achievafamilytrust.org