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Pooled Trusts in Elder Law and Estate Planning: Requirements, Funding Options, SNTs vs. PSNTs, Beneficiaries

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 9, 2021

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide elder law and trusts and estates attorneys a detailed analysis of utilizing pooled trusts in special needs and estate planning. The panel will discuss the mechanics of pooled trusts, determining when to use a pooled trust, first-party and third-party trusts, funding options, and other vital items to consider for special needs and estate planning for low-income, elderly, or disabled clients.


The use of trusts for special needs and disabled clients is an integral part of an elder law and estate planning practice. Under certain circumstances, using a pooled trust for Medicaid or estate planning can provide significant benefits. To handle these trusts properly for clients, counsel must know when these trusts are appropriate, first-and third-party special needs trusts to protect public benefits for clients, and how to administer these trusts.

A nonprofit organization establishes and administers the pooled trust, setting up a separate account for each beneficiary. Funds from all accounts within the trust are pooled for managing investments and efficient administration. A person with a disability or a parent can establish subaccounts funded with the assets of the beneficiary.

Family members who want to leave inheritances to persons with disabilities can establish third-party pooled-trust subaccounts. Under these circumstances, Medicaid payback rules don't apply since the assets of the disabled or special needs person didn't fund the account.

Counsel must understand the tax consequences and pitfalls to avoid when utilizing pooled trusts in estate planning and the potential impact on a client's public benefits.

Listen as our panel discusses critical points for elder law counsel and estate planners to understand and weigh when utilizing pooled trusts. The panel will also discuss the mechanics of pooled trusts, requirements, administration, funding options, and other vital items to consider for special needs, low-income, elderly, or disabled clients.



  1. Determining when to use a pooled trust
  2. Pooled trusts and Medicaid spend-down
  3. Pooled trusts in estate planning
  4. Best practices for elder law attorneys and estate planners


The panel will review these and other key issues:

  • What is the difference between a pooled trust and other SNTs?
  • Under what circumstances should you consider utilizing a pooled trust?
  • What are the requirements and procedures involved in using pooled trusts?
  • How can pooled trusts be used for Medicaid spend-down?
  • How can pooled trusts be used in estate planning for disabled clients?
  • What are the planning pitfalls to avoid when using pooled trusts?


Kiperman, Regina
Regina Kiperman

RK Law

Ms. Kiperman advises clients in the areas of Estate Planning, Probate, Trust and Estate...  |  Read More

Marcus, Joanne
Joanne Marcus, MSW

Commonwealth Community Trust

Ms. Marcus has a master’s degree in social work and serves as the President and CEO of Commonwealth Community...  |  Read More

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