Do You Have Dependent Family Members Who Have Disabilities?

Did you know that naming an individual with disabilities in your will could cause him or her to lose Medicaid or Supplemental Security Income (SSI) benefits?

Governmental assistance benefits also are in jeopardy if the individual with disabilities receives a lump sum of money, such as from a personal injury settlement, back payment from Social Security or even lottery winnings.

Thanks to The Disability Foundation, a supporting organization of The Dayton Foundation, you can help ensure a good quality of life for your disabled loved one and not have to make the difficult decision to disinherit him or her or risk jeopardizing important entitlements.


The Disability Foundation administers two pooled, disability trusts - the Ohio Community Pooled Annuity Trust and the 2014 Ohio Community Pooled Flexible-Spending Trust. Both are safe and affordable planning options for individuals with disabilities and their families.


Ohio Community Pooled Annuity Trust (OCPAT):

Individuals with disabilities and their families can establish an account that will provide a lifetime plan of payments backed by The Dayton Foundation. When a family sets up an account in this trust, an annuity calculation is made and a monthly benefit amount determined. Each month that amount is credited to the individual’s spending account.

  • The monthly benefit is guaranteed for the life of the individual (by The Dayton Foundation as Trustee).
  • The money in the account can be spent quarterly or accumulated for a future activity.
  • The monthly payment amount is calculated when the account is funded and based upon the value of the assets transferred, the age of the individual with disabilities and charitable gift annuity rates at that time.

Learn more about Ohio Community Pooled Annuity Trust.

2014 Ohio Community Pooled Flexible-Spending Trust (OCPFST):

The OCPFST provides an option to families who do not want the annuity limitation in the OCPAT. The only limit on the amount that can be spent is the amount in the individual’s account.

  • OCPFST provides more flexibility, particularly if a major purchase is needed.
  • The Flexible-Spending Trust allows individuals to set resources aside for a time when those funds are needed to purchase supplemental need items.
  • While it does not provide a lifetime guarantee of payments, it does allow recipients to make requests from the principle sum in the Trust.

Learn more about 2014 Ohio Community Pooled Flexible-Spending Trust.

While neither Trust option may be used to fulfill an individual’s basic necessities (i.e., food, clothing or shelter), they may provide for the "extras" in life, such as travel, hobbies, pets, recreation, medical equipment and services not covered by Medicaid. Assets held in either Trust may not counted for Medicaid or SSI purposes, so long as the monthly payments are used for the individual’s supplemental needs.

By designating a personal representative to oversee the account, a family has peace of mind that their loved one’s best interests are being looked after now and in the future.

An account can be established in the Trust to supplement the individual’s needs immediately, or it can be deferred and funded through an estate plan.

Best of all, there is no initial fee for establishing an account, and no annual maintenance fees are charged. Plus, each account is considered a general obligation of The Dayton Foundation, and all payments are backed by the assets of both The Dayton Foundation and The Disability Foundation.

For more information, please visit The Disability Foundation website at


To illustrate how The Disability Foundation can help families provide for the future care and happiness of their loved ones with disabilities, take a look at these two examples:

Example #1
Transferring a disabled individual’s inheritance to help him pursue his hobbies and, one day, take the trip of his dreams

Example #2
Establishing a deferred charitable gift annuity to continue a child’s favorite activities, long after her parents have passed away

Attorney Brittany O’Diam explains in The Dayton Foundation’s advisor newsletter Futures how The Disability Foundation’s 2014 Ohio Community Pooled Flexible-Spending Trust helps families of individuals with disabilities.

For a listing of The Disability Foundation’s Board Members, click here.

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File date: 06.08.15


Kevin Hayde

“I’ll be happy to talk to you or your attorney or other advisor about this planning option or other resources that might be available for your family.” Kevin Hayde, executive director of The Disability Foundation, at (937) 225-9939

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