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 3 rd 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
Showing posts from August, 2012
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Travis Finchum and Steve Hitchcock , the Co-Trustees of Guardian Trust, each presented at the 2012 Florida State Guardianship Association Annual Conference in St. Petersburg, FL. Professional Guardians from around the State gather for several days in July to learn about the latest topics, issues and trends relating to their profession and their clients. Travis presented alongside several other professionals regarding Guardianship and Alternatives to Guardianship through a program called Lighting the Way. Click here to learn more about this program. Steve's presentation was about Guardian Advocacy. Both Travis and Steve participate in numerous local and statewide guardianship conferences and educational programs throughout the year. The next conference we will be attending is the Guardianship Association of Pinellas County's Annual Conference in September.