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Community Trust II

Community Trust II is a “self-settled” or “first-party” trust, meaning it is established with a disabled person’s own funds.

A Trust II sub-account may be established by a parent, grandparent, legal guardian or the disabled person. A sub-account may also be established by court order. The beneficiary may access the funds for expenses not covered by government entitlements.

At the end of the beneficiary’s lifetime, any funds left in the sub-account remain in the trust to benefit other people with disabilities. There is no requirement to “pay back” Medicaid for services the beneficiary received.

A trust sub-account may be established with a minimum of $10,000. The fee for establishing a Trust II sub-account is $750. No trustee fees are charged. There is an administrative fee of 1 percent of the balance in each sub-account on December 31st of each year. Key Bank, which is the custodian and investment manager of the trust, charges fees amounting to approximately 1 percent annually. There are also small charges for insurance and tax preparation.


FAQs

Questions and Answers about the AHRC New York City Foundation Community Trust II for Persons with Disabilities:

Should I establish a trust in the AHRC New York City Foundation Community Trust, or should I create my own special needs trust?

This decision depends upon your particular circumstances and should be made in consultation with your legal and financial advisers.  Many families trust the AHRC New York City Foundation and find that the Foundation’s Community Trust meets their needs and is convenient and cost-effective.  Most financial institutions have minimum financial requirements to establish a trust, usually at least $100,000.  The AHRC New York City Foundation Community Trust can accommodate families who wish to contribute $10,000 or more. Also, many families do not have an individual to designate as trustee to carry out the fiduciary responsibilities associated with a trust.

What types of expenditures may be made with funds from the Trust?

Funds from the trust may be used for the beneficiary’s care, comfort, welfare, education or training, so long as these expenditures are over and above benefits provided by government sources.  Examples include a vacation, computer, special medical equipment, or clothing.

How does the beneficiary access these funds?

The beneficiary or parent, guardian or advocate will request a disbursement from the Trust for a particular purpose.  The Trustees are legally bound to act in the best interest of the beneficiary and to ensure that disbursements from the Trust do not affect government entitlements.

Who are the Trustees of the AHRC New York City Foundation Community Trust for Persons with Disabilities?

The five current Trustees include the Chairman of the AHRC New York City Foundation Board and four Foundation Board members. Visit our Leadership page to view a current list.

How are the funds in the AHRC Foundation Community Trust invested?

The funds are invested at Key Bank in accordance with the Community Trust’s investment policy, which is established by the Trustees.

What happens to funds remaining in the account at the end of the beneficiary’s lifetime?

When a beneficiary dies, funds remaining in his or her account are withdrawn from the Trust and given to the AHRC New York City Foundation to benefit programs and services for children and adults who have developmental disabilities.

Will I receive a tax deduction when I establish an account in the AHRC Foundation Community Trust?

No.  Because the funds are for the benefit of a particular individual with developmental disabilities, a distribution to the AHRC New York City Foundation Community Trust does not constitute a charitable contribution for tax purposes.  If you wish to make a tax-deductible gift to the AHRC New York City Foundation, there are other options available, and you may contact the Foundation for more information.

How do I establish an account within the AHRC Foundation Community Trust?

Please contact us.  You will be provided with a participant agreement, which allows you to establish a trust account by making an initial contribution of at least $10,000

May I add to the account in the future?

Yes, you may add to the account at any time and in any amount.


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