There are four major requirements that must be satisfied to establish a Pooled Trust. While these legal requirements are set forth in plain language below, you can click the link at the bottom of this page for a complete copy of the Federal Statute, 42 U.S.C. §§ 1396p (d).  There is also a link at the bottom of this page that will take you to the rules that the Florida Department of Children and Families applies to the treatment of trusts in Florida when determining eligibility for government assistance.

• The Trust must be established and managed by a Non-Profit.
  
  
• The Trust must maintain separate accounts for each Beneficiary, but the funds are pooled for purposes of investment and management.
  
  
• Each Trust account must be established solely for the benefit of an individual who is disabled as defined by law, and it may only be established by that individual, the individual’s parent, grandparent, legal guardian, or a Court.
  
  
• Any funds that remain in a Beneficiary’s account at that Beneficiary’s death must be retained by the Trust or used to reimburse the State.

Click here for the Federal Statute.
Click here for the Department Rules.