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Introduction to the Trust
Federal law allows individuals with disabilities to have a special type of trust that can hold funds to pay for the individual's supplemental needs without disqualifying him or her from essential government benefits, such as Medicaid and SSI. This type of trust is usually called a "special needs trust". The Maine Trust for People with Disabilities (known as "MTPD") is Maine's only pooled special needs trust that has been established in compliance with federal law to give Maine residents a convenient and economical way to open a trust account for a family member who has a disability. Only individuals who are residents of Maine and whose primary diagnosis is a developmental disability may currently qualify to be beneficiaries of the MTPD. The MTPD is sponsored by the Maine Trust for People with Disabilities, Inc.
The key groups that administer the MTPD are:
- Board of Advisors - manages the daily operations of the MTPD. The members of the Board are appointed by the sponsoring nonprofit corporation. The members of the Board are drawn from a wide range of professions and families, each of who is interesting in assisting individuals with disabilities.
- Norway Savings Bank of Maine - serves as trustee of the MTPD.
- Maine Social Service Agencies - various social service agencies throughout Maine have agreed to assist Maine families in completing and submitting an application to open an account with MTPD for individuals with disabilities. Representatives of each sponsoring social service agencies have been specially trained in the structure and working of the MTPD. These social service agencies can also assist in completing a needs assessment for a beneficiary when one is required by the MTPD relating to the beneficiary's financial needs.
- Old Port Pension Administrators - provides bookkeeping and financial data administrative services.
Advantages of an Account with the MTPD
Individuals with disabilities require special financial planning to protect their public benefits from being lost. For example, an inheritance received by a disabled individual might result in the individual losing his or her public benefits until the inherited funds are all used to pay for the disabled individual's support and medical needs.
Generally, the best method to protect the inheritance or a lifetime gift to a disabled person is to have the funds owned by a "special needs trust" like the MTPD. By using a special needs trust, the fact that a fund exists for the supplemental needs of the disabled individual will not result in his or her disqualification from public benefits. This allows the funds to be used to provide for the disabled individual's other life-enriching needs. For example, the special needs trust account of a disabled individual can be used to pay for medical care, recreation, training and living expenses that governmental programs will not cover. The intention of the MTPD is specifically not to replace Medicaid, SSI and other public programs, but rather to supplement them.
Participation in the MTPD should be coordinated with the family's estate plan, including a review of the title ownership of assets; beneficiary designations of life insurance, IRAs and retirement plans; guardianship appointments; and personal care and advocacy issues. When appropriate, the MTPD will work with your attorney to make the best arrangement for your disabled family member. |