Pooled Trusts are still available for 65+ in Florida
We have received questions lately regarding the use of a pooled trust for individuals who are 65 years of age or older. Florida still allows for the use of a pooled trust for individuals of any age, including age 65 or older that are applying for Medicaid programs such as ICP or HCBS. Other states have been imposing transfer penalties for individuals who are 65 years of age or older for joining a pooled trust, and we are watching this issue closely.
There are limits to rules the states can impose, however, a recent Federal 3rd District Court of Appeals case has affirmed that states cannot impose more restrictions on pooled trusts than are imposed under federal law, and, that limitations that are more restrictive than Congress’ rules for pooled special needs trusts were improper.
See Lewis v. Alexander, (Case no. 2:06-cv-03963-JD, U.S. Court of Appeals for the Third Circuit)
Steven E. Hitchcock
Co-Trustee, Guardian Trust