(d)(4)(A) vs. (d)(4)(C) - The Great Debate
We are seeing a lot of attorneys drafting d4A Special Needs Trusts for disabled beneficiaries under age 65 when they should use a Pooled Trust. We administer both individual and our pooled SNT, so it doesn't really matter to us. I will propose a thought that there is never a good reason to draft an individual SNT over our Pooled Trust. The traditional arguments for drafting a stand alone (d)(4)(A) SNT over a pooled trust include: 1) I want to be the trustee (or name a family member), 2) I want the trustee to pay back the Medicaid lien and then the rest go to designated beneficiaries and 3) I want to invest the funds, or have my investment person handle the investments. I will take each of these points in turn. Individuals do not know how to administer trusts in general, let alone SNT's. The federal law and policy is constantly changing, particularly for beneficiaries receiving S upplemental S ecurity I ncome, or SSI. It is extremely difficult to keep up with these