FAQs
Navigating the world of trusts and guardianships can be daunting. Below are a few of the questions we are often asked. Talk with us to get all your questions answered.
Frequently Asked Questions
Who can set up a trust?
Payback trusts and Pooled Special Needs Trusts may be established by a disabled individual, their parent, their grandparent, their guardian or a court.
What can I use the trust funds for?
Once the funds are deposited into the trust, they can be used for items or activities that would enhance the beneficiary’s life, and supplement the beneficiary’s other government benefits. Trust funds cannot be used to supplant government benefits that the benificiary receives. The trust funds must be used for the sole benefit of the beneficiary.This includes, for example:
- household expenses other than food, rent, mortgage, or utilities
- domestic and personal care services (housekeeper, grooming, meal preparation)
- a vehicle used for transporting the beneficiary
- therapies and medical care not covered by government benefits
Who should use the RCFS Pooled Trust?
An individual who has a disability and has received money from a legal settlement, divorce or inheritance.
How do I request a disbursement from a trust?
At RCFS, we make it as easy as possible to request your funds. Give us a call or send us an email and our experienced team will be happy to assist you.
Does RCFS have a minimum account balance that must be reached before funds can be withdrawn?
No. With RCFS, trusts can be established with a very minimal amount for the initial deposit. Please contact us for details.
What are the benefits of having a Supplemental Needs Trust (SNT)?
If an individual receiving government benefits wants to keep money either gifted, received in a settlement, received through a sale, etc., and wants to continue receiving government benefits, a Supplemental Needs Trust (SNT) is a great option. With an SNT, an individual is permitted to retain assets in excess of the income limit placed on them by government agencies, while retaining their benefits. These funds can then be used for the benefit of the beneficiary, provided the trustee follows the guidelines set forth by government agencies to keep the trust from being counted as a resource.
Can I open a Special Needs Trust after the age of 65?
While Pooled Supplemental Needs Trusts can be established under certain circumstances after age 65, Payback (Special Needs) Trusts cannot. Under certain circumstances, funds can be added to a Pooled Trust, but any funds added to a Payback Trust after age 65 would be considered a transfer for less than fair market value and be detrimental in some way to the beneficiary’s government benefits. A person with disabilities over age 65 should consult legal counsel before establishing any type of Supplemental Needs Trust.
How are guardians appointed?
Guardianships are established and monitored by a court. Guardians are appointed through a legal process in which the rights of the individual are protected and the needs of the individual are reviewed. River Communities Fiduciary Services becomes involved when there is no family, when family are unable to serve due to distance or other factors, when there are irreconcilable differences among family members, or when there has been exploitation or neglect. When there is family support, RCFS strives to foster and maintain positive contacts.
What is a living will?
A living will, commonly referred to as an advance directive, is a document that provides instructions regarding end-of-life care. Living wills allow you to make your own choices about life support and helps prevent confusion about the type of care you do or do not want in the event you become incapable of communicating your wishes. Without a living will, the laws in your state will determine who will make your health care decisions.
If you’re looking for expert guidance on trusts, guardianships, or other fiduciary services, RCFS is here to help. Whether you’re an individual, family, or organization, we have the knowledge and experience to help you navigate complex legal and financial issues. Our team of experienced professionals is committed to providing personalized attention to each and every one of our clients. So if you have questions or concerns about trusts, guardianships, or related matters, don’t hesitate to reach out to us today. We look forward to hearing from you.
