Newsletter

October 2025

At CCT, we are committed to educating professional audiences about pooled trust services. Our staff, particularly attorneys Ben Tiefenback and Rachel Baer, regularly deliver virtual and in-person continuing legal education presentations. Their backgrounds in private practice allow them to understand the needs of attorneys, families, and beneficiaries from multiple perspectives.  They cover topics such as Pooled Trust Basics and offer tailored content for trust and estate, elder law, special needs, and litigation attorneys, as well as settlement and financial planners. Additionally, CCT presents to organizations that support people with disabilities and their loved ones, providing useful information as they plan for the future. 

We always receive excellent feedback from our audiences and are excited to interact with others dedicated to protecting people with disabilities or those who are vulnerable. 

Visit our Conferences and Presentations webpage for our schedule of events, speaker reviews, and additional information. We welcome the opportunity to present to your team. Please contact Liz Reid, CCT Business Development Manager, at lreid@trustCCT.org. 

With gratitude for the opportunity to serve our clients and the trust you have in us,

Joanne Marcus, MSW 
President & CEO

jmarcus@trustCCT.org
804-740-6930

Serving Vulnerable Clients
 Settlement Preservation Pooled Trusts (SPPT)

Attorneys and financial professionals are always looking for tools to help protect clients and safeguard funds that are awarded to them.  While the focus is often on special needs trusts and protecting Supplemental Security Income (SSI) and disability-based Medicaid, many clients do not have these benefits but still need trust administration to help them administer the funds because they are vulnerable due to being a minor, illness, addiction, or a disability that does not stop them from working.

Settlement preservation pooled trusts (SPPT) provide greater flexibility regarding disbursements, both because it is not bound by the strict “sole benefit” rule and because there is not a prohibition on giving cash to the beneficiary.  In addition, the SPPT does not have a Medicaid payback provision, so the trust administrator is not required to automatically repay Medicaid if the beneficiary passes away or if the trust is terminated with remaining funds during the beneficiary’s lifetime.

(Click the Image to Watch the Video)

We have also seen the SPPT be used for beneficiaries over the age of 64 who want to use their funds to privately pay for assisted living or nursing home care, and who want the assistance and protection of a trust administrator.

It is important to note that the money in the SPPT is usually viewed by the government as though it is in the beneficiary’s bank account, so it is counted when they apply for means-tested government benefits.  But, if the government benefit only considers the beneficiary’s income, such as Medicaid expansion, then the beneficiary may still qualify for the benefit if the beneficiary’s income, including income generated by the trust’s investments, is below the threshold set for that benefit.

If you want to discuss how a settlement preservation pooled trust can help your client, please contact the CCT New Client team at contact@trustCCT.org or (804) 740-6930.

FAQ

Question: 

What if my client cannot travel to a notary to sign the Joinder Agreement?

Answer

We are always committed to working with our clients to find a solution.  The reason that we have the Joinder Agreement signed in front of a notary is to confirm the identity of the person signing the Joinder Agreement.  In cases where the person signing the Joinder Agreement cannot travel to a notary, we have used two different approaches to move forward.  In some cases, they have used a mobile notary who comes to their home or medical facility to notarize the document.  In other cases, we use a Witness Affidavit, which allows a witness to watch the person signing the Joinder Agreement and then the witness will sign the affidavit before a notary saying that the person signed the Joinder Agreement in their presence. 

If you ever run into a problem during the onboarding process, please reach out to the New Client Team - we're here to help! 

CCT team members came together to help our community’s pets play, learn, and feel love by creating dog and cat toys in support of Henrico Humane Society.

Our Client Services Staff Who Sets Us Apart

While most of the Commonwealth Community Trust’s (CCT) Client Services staff are master’s level social workers, last year our team was lucky enough to add a new member who brings over 20 years of experience in the special education field. Kim Joyce, Senior Client Services Coordinator and Project Specialist, holds a master’s degree in special education. Her background includes working as an instructional assistant in a classroom for children with severe disabilities, teaching in a collaborative special education classroom, working with children struggling with reading disabilities, and serving as the Special Education Department head in Hanover County. 

Kim’s ability to break down sometimes complicated information into concepts that others can easily understand is a great benefit for beneficiaries, their advocates, and other external support persons. Additionally, in her role as CCT’s Project Specialist, Kim has created a national resource list for our website, highlighting employment programs, government benefits, mental health supports, and housing services, to name just a few. She continues to tackle new projects with the intention of improving services for clients and expanding staffs’ knowledge base. 

During her tenure at CCT, Kim’s experience in the special education field has brought a valuable perspective to our work with trust beneficiaries who experience cognitive disabilities, including both minors and adults. This viewpoint is invaluable when CCT’s team deliberates on complicated disbursement requests, complementing the social work backgrounds of other Client Services Coordinators. Our well-rounded team is crucial as we strive to maintain excellence in trust administration services. 

Conferences & Presentations

Liz Reid, Business Development Manager and Jason Foster, Director of Finance and Operations, met new friends at the Step UP for Down Syndrome 5K & Family Festival sponsored by the Virginia Down Syndrome Association.

October

October 6, 2025 | Lawline – Webcast – CLE Presentation by Ben Tiefenback, Esq. - Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations 

October 11, 2025 | Virginia Down Syndrome Association – Step UP for Down Syndrome 5K & Family Festival 

October 14-16, 2025 | Arcadia – Annual Meeting 2025 - Panel Presentation by Ben Tiefenback, Esq. - Trusts & Settlements: Strategic Insights from Industry Leaders 

October 16-19, 2025 | American Academy of Estate Planning Attorneys (AAEPA) – Fall Summit 

October 20, 2025 | Estate Planning Council of Lee County – Special Monday Meeting – Presentation by Rachel Baer, Esq. – Pooled Special Needs Trusts 

October 22-25, 2025 | Stetson University Law – National Conference on Special Needs Planning and Special Needs Trusts 

October 24-25, 2025 | Special Needs Alliance – Fall Meeting 

October 28, 2025 | Pennsylvania Association of Elder Law Attorneys (PAELA) – Webinar – CLE Presentation by Ben Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations 

November

November 6-7, 2025 | Iowa Association for Justice – Annual Conference 

November 11, 2025 | The Estate Planning Council of Southeast Denver – In Person Seminar – Presentation by Ben Tiefenback, Esq. – Managing Disbursement Challenges in Trust Administration: Fiduciary Responsibilities, and Legal Considerations 

November 13, 2025 | Virginia Trial Lawyers Association – Annual Paralegal Seminar 

November 13-14, 2025 | Utah Bar Association – Fall Forum – CLE Presentation by Ben Tiefenback, Esq. - Protecting Vulnerable Plaintiffs and Combining Structured Settlements, MSAs, and Pooled Special Needs Trusts: Preserving Means-Tested Government Benefits 

November 19, 2025 | National Alliance on Mental Illness (NAMI) Idaho – Online Presentation - CLE Presentation by Ben Tiefenback, Esq. - Pooled Special Needs Trust (PSNT) Planning – What Families Need to Know 

November 20, 2025 | Law Practice CLE – Webinar – CLE Presentation by Ben Tiefenback, Esq. – Combining Structured Settlements, MSAs, and Pooled Special Needs Trusts: Preserving Means–Tested Government Benefits 

November 20-21, 2025 | Utah Trial Lawyers Association – Annual Conference 

December  

December 2, 2025 | National Academy of Continuing Legal Education – Webinar – CLE Presentation by Ben Tiefenback, Esq. - Protecting Vulnerable Plaintiffs: Special Needs Trusts, Public Benefits, and Settlement Planning 

December 16, 2025 | American Bar Association – Webinar – Presentation by Ben Tiefenback, Esq. – Evaluating Pooled Trusts 

(Click the Image to Watch the Video)