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Ohio, families of children with disabilities and limited financial
resources have found it difficult, if not impossible, to find
a mechanism for leaving money for their child through their
estate plan in a way that does not jeopardize the child's government
benefits. Likewise, individuals with a disability who receive
money through an inheritance, personal injury settlement, back-payments
from Social Security, and even lottery winnings were limited
in their options if they wanted to preserve means-tested government
benefits.
in 1993, Community
Fund Management Foundation (CFMF) is a nonprofit, tax-exempt
(501(c)(3)) organization created to establish and administer
trust programs for Ohio residents with disabilities (as defined
by Social Security Administration criteria). A trust account
can be established by families and friends of an individual
with a disability, or an individual with a disability if he
or she has the capacity to do so. Once established, the trust
account allows an individual with a disability to use the funds
in the trust account in a manner that can enhance the Beneficiary's
quality of life without jeopardizing his or her government benefits.
joined together with Fifth Third Bank, Northeastern Ohio, to
create the Master Trust, the Pooled Medicaid Payback Trust,
and the Roll-in Pooled Medicaid Payback Trust. Community Fund
Management Foundation acts as the Trust Advisor and the bank
acts as the Trustee. |
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The mission of Community Fund
Management Foundation is to develop and make available
trust vehicles, education, and related services that enable
individuals with disabilities to use private funds to
enhance their quality of life without jeopardizing their
eligibility for government benefits.
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Frances Ulrich, EdD
Chairperson
Cuyahoga County
Louis Geneva, Esq
Vice-Chairperson
Cuyahoga County
Philip Kaufmann, Esq
Treasurer
Summit County
Nirakar Thakur, Esq
Secretary
Lucas County
Norman Bresky
Cuyahoga County
Kevin Craine, Esq
Franklin County
Michael Donzella, EdD
Cuyahoga County
Stephen McPeake
Cuyahoga County
Karroll Miller
Hamilton County
Laura Recchio
Stark County
Terrence M. Ryan, PhD
Cuyahoga County
Gary Schaeufele, ACSW,
LISW
Summit County
Frederick Valerius, EdD
Butler County
Karen S. Ausprunk, Esq
Executive Director
Janet Lowder, Esq
Counsel
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As the Trust Advisor,
CFMF monitors the distribution of monies from each trust account
so that government benefits are not jeopardized. A review committee
evaluates all requests for distributions from an individual's
trust to make sure that a distribution will not jeopardize government
benefits that are applied for or currently being received.
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As the Trustee, Fifth
Third Bank, Northeastern Ohio, invests the assets of the trusts,
receives deposits to existing trusts, and makes distributions
from existing trusts.
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Distributions from a trust are made to pay for supplemental
services. As defined in the Ohio Administrative Code,
supplemental services are those items or services that will
not be paid for by a government agency, but can enhance the
quality of an individual with a disability. These are items
or services that do not duplicate government benefits, but
rather supplement them.
A trust account can be established for an individual with
a disability who is not currently receiving means-tested government
benefits (benefits with asset and/or income eligibility limits
such as Supplemental Security Income (SSI) and Medicaid).
Distributions from trust accounts for individuals who are
not receiving these benefits are not restricted to supplemental
services.
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Parents, families, and friends
can establish a trust account for the supplemental services
of a resident of Ohio with a disability. A Master Trust
can be opened with $15,000 and there is no maximum amount
for the trust account. A parent, family member, or friend
can fund a Master Trust while they are alive or they may
fund it or add to it upon their death.
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An individual with a disability
(if he or she has the capacity), parent, grandparent,
guardian, or court can deposit the individual's own money
into a trust account. Money from the trust account can
then be used for supplemental services for the individual
with a disability. The minimum to open a Pooled Medicaid
Payback Trust is $5,000 and there is no maximum dollar
amount for the trust account.
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can save their money and safeguard their eligibility for
government benefits. Starting with just $750, a person
with a disability can establish this trust account using
his or her money and can make deposits to the trust account
as frequently as every month. Roll-in Pooled Medicaid
Payback Trusts can also be established by a parent, grandparent,
guardian, or court.
When the trust reaches $5,000, requests for distributions
to purchase supplemental services may be made. This
trust account is very helpful to individuals who work
at sheltered workshops or in the community.
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In January of 1996, CFMF opened its first trust account.
To date, CFMF is the Trust Advisor for approximately 400 trust
accounts throughout Ohio with a combined market value of 9
million dollars.
The Cuyahoga County Board of Mental Retardation (MR) and
Developmental Disabilities (DD) and the Federation for Community
Planning provided start-up financial support for CFMF. The
Ohio Department of MR/DD and the Ohio Developmental Disabilities
Council have provided additional financial support.
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Community Fund Management Foundation supports and serves
individuals with disabilities and often works with other organizations
helping individuals of the same community. Currently, CFMF
has purchase of service agreements with a number of county
boards of MR/DD throughout Ohio. Community Fund Management
Foundation has also established partnerships with other nonprofit
organizations serving individuals with disabilities.
Community Fund Management Foundation is well respected throughout
the legal community. To date, probate courts in 15 counties
have been involved in the creation of trusts with CFMF. Trusts
have been created in more than 44 of Ohio's 88 counties.
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The Board of Trustees of Community Fund Management Foundation
is composed of talented, dedicated individuals from throughout
Ohio who are familiar with the legal issues and government
benefits and services for individuals with disabilities. The
Board of Trustees and members of committees serve CFMF as
unpaid volunteers.
Karen S. Ausprunk, Esq, is the Executive Director of Community
Fund Management Foundation. Janet Lowder, a principal in the
law firm of Hickman & Lowder Co., L.P.A. in Cleveland,
Ohio, serves as counsel.
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