Common Law Trust

·        The Pennsylvania Supreme Court, through a number of decisions (“Common Law”), recognized that family and friends of a person with a disability can create trusts to benefit the person with a disability.

 

·        With a Common Law Trust, family and friends can provide for their loved one while still preserving the person’s eligibility for essential, life long supports and services such as Medical Assistance, Waiver Services and Supplemental Security Income. 

 

·        The person with a disability cannot create a Common Law Trust, but may place his or her assets in a Pooled Trust or a Payback Trust.

 

·        ACHIEVA Family Trust serves as trustee and co-trustee of Common Law Trusts.

 

·         ACHIEVA Family Trust adds case management and social work expertise to the traditional role of corporate trustee.

 

 

1.   Family and friends can fund the Common Law Trust during their lifetimes and

 

2.   The Common Law Trust can be very flexible and can benefit additional family    

 

1.      Trustee must have absolute discretion over distributions, so the beneficiary cannot have a legal right to force a distribution from the trust.

 

2.      The person creating the trust must clearly express his or her intention to supplement, not supplant, government supports and services.

 

3.      The person creating and funding the trust must be someone other than the person with a disability.