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The Wesley Vinner Memorial Trust is a pooled special needs trust. It is for people with mental retardation and other developmental disabilities who earn, inherit, or receive a lump sum of money. Without the protection of the Trust, the money may put individuals over the $2,000 limit for Supplemental Security Income (SSI) and Medicaid. People can put their money into the Vinner Memorial Trust without losing their SSI and Medicaid. The Wesley Vinner Memorial Trust operates under the Omnibus Budget Reconciliation Act of 1993 (OBRA ‘93). In 1993, Congress passed a law that allowed people on Medicaid to place funds, that would otherwise disqualify them from Medicaid, in a trust managed by a nonprofit organization. The Omnibus Budget Reconciliation Act of 1993 (OBRA ‘93) In the Omnibus Budget Reconciliation Act of 1993 (OBRA ’93), Congress created three exceptions to the general rule that an individual’s assets held in trust are counted as resources when determining eligibility for Medicaid. The three exceptions are the “special needs trust”, the disability income trust and the pooled trust. The Wesley Vinner Memorial Trust operates under the pooled trust guidelines. General Information A pooled trust is a trust established and administered by a nonprofit organization. It is often called a “master trust” because it contains the assets of many different individuals, each in separate accounts established by individuals, and each with a beneficiary. By analogy, the pooled trust is like a bank that holds the assets of individual accountholders. When using the term “trust”, it is important to distinguish between the master trust, which is established by the nonprofit organization, and the individual trust accounts within the master trust, which are established by the individual or another person for the individual via the The requirements of the SSI trust statute do not apply to a trust containing the assets of a disabled individual that meets the following conditions: Ř The pooled trust is established and managed by a nonprofit association; Ř The trust is irrevocable Ř Separate accounts are maintained for each beneficiary, but assets are pooled for investing and management purposes; Ř Accounts are established solely for the benefit of the disabled individual; Ř The account in the trust is established by the individual, a parent, grandparent, legal guardian, or a court; and Ř The trust provides that to the extent any amounts remaining in the beneficiary's account upon the death of the beneficiary, that are not retained by the trust, the trust will pay to the State the amount remaining up to an amount equal to the total amount of medical assistance paid on behalf of the beneficiary under a State Medicaid plan.
OBRA ‘93 - 42 U.S.C. § 1396p(c)(d)(4); section 1382c(a)(3) |
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Wesley Vinner Trust |
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Wesley Vinner was a dedicated community self advocate who lived at Forest Haven for over 15 years. Forest Haven was the District of Columbia’s now closed institution for people with disabilities, especially mental retardation. Wesley worked with many advocacy and disability rights organizations. He advocated for individuals with disabilities in the District of Columbia to lead meaningful, productive lives in the community. Wesley wanted all individuals with disabilities to receive quality services in a timely manner from the agencies responsible for serving them. Wesley died on April 12, 2004 but his legacy lives on through the Wesley Vinner Memorial Trust. |
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Who was Wesley Vinner? |
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What is the Wesley Vinner Memorial Trust? |
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To contact us: |
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Shared Horizons, Inc. 5335 Wisconsin Avenue, NW Suite 910 Washington, DC 20015 Phone: 202-448-1460 Fax: 202-448-1461 |
