Enhanced Life Options Group Trust Programs

Enhanced Life Options Group (ELO) has accepted Special Needs Trust referrals from individuals, guardians, attorneys, state officials, area agencies, and nonprofit organizations since 1993. ELO has also been appointed as Special Needs Trust Manager by New Hampshire Probate Courts. The organization accepts transfers of trusts from other states and organizations, including trusts from retiring or deceased trustees.

To establish a trust, ELO requires a minimum funding amount of $20,000. ELO does not accept new trusts for individuals age 65 or older. Trust assets are invested through licensed and certified financial institutions.

Enhanced Life Options Group provides Special Needs Trust services for individuals residing in New Hampshire and Vermont. Special Needs Trusts are designed to help individuals with disabilities manage and enhance assets while maintaining eligibility for means-tested public benefits such as Medicaid and Supplemental Security Income (SSI).

ELO offers both Standalone (Individual) Trusts and Pooled Trusts.

ELO Trust Programs Overview

• Program 1: Individual / Standalone Trusts
  (Self-Settled and Third-Party)

• Program 2: Pooled Special Needs Trusts – Self-Settled

• Program 3: Pooled Special Needs Trusts – Third-Party

• Program 4: Medicare Set-Aside (MSA) Trusts (Standalone)

Program 1 – Individual / Standalone Trusts

Individual or Standalone Trusts—sometimes referred to as attorney-drafted trusts—are created by an attorney selected by the family, often in consultation with Enhanced Life Options Group. These trusts may be either Self-Settled or Third-Party trusts.

ELO may be named as Trustee or Successor Trustee within the trust document. ELO strongly encourages involvement early in the trust drafting process to ensure required and recommended language is incorporated from the outset.

Standalone trusts may provide greater flexibility in defining permitted and restricted distributions. ELO can serve as trust manager in coordination with a bank and/or certified financial advisor selected by the grantor, or in collaboration with ELO’s contracted financial institutions.

Pooled Special Needs Trusts – General Overview

A pooled Special Needs Trust offers an efficient and cost-effective option for individuals with disabilities and must be established and administered by a nonprofit organization in accordance with federal law.

Key features include:

• A pooled special needs trust must be managed by a non-profit organization according to Federal Law which will allow for continuity of trust administration services over the generations.

• Individuals must meet the Social Security Administration’s definition of disability.

• Trust assets are not counted as resources for means-tested benefits such as Medicaid and SSI.

• Each beneficiary has a separate sub-account within the pooled trust.

• The Trustee and Trust Administrator keep accurate records of each sub-account through our sub-trust accounting platform and makes distributions from an individual sub-account for the beneficiary.

• A pooled special needs trust provides cost-effective administration and investment opportunities that might not be available to individual, stand-alone trusts.

• Each sub-account receives investment income and bears investment expenses proportionate to its share of the pooled assets.

• All distributions are made at the sole discretion of the Trustee or Trust Administrator.

• Trust funds are never distributed directly to the beneficiary.

Enhanced Life Options Group offers two types of pooled Special Needs Trusts: Self-Settled and Third-Party.  

Enhanced Life Options Group strongly encourages all people who are considering joining a Pooled Special Needs Trust to have the Master Agreement and Joinder Agreement documents reviewed by their Estate Planning Legal Counsel or a Special Needs Attorney.

Program 2 – Self-Settled Pooled Special Needs Trust

A Self-Settled Pooled Special Needs Trust is funded with assets owned by the beneficiary, such as:

• Personal injury or workers’ compensation settlements

• Inheritances received outright

• Other assets owned by the individual with a disability

Federal law requires that upon the beneficiary’s death, any remaining trust assets be used to reimburse the state Medicaid agency for benefits provided. The trust document must include appropriate Medicaid payback language, including any shared-retention provisions with the pooled trust, if applicable.

Program 3 – Third-Party Pooled Special Needs Trust

A Third-Party Pooled Special Needs Trust is funded with assets that never belonged to the beneficiary, typically provided by parents, grandparents, or other loved ones.

Key distinctions include:

• No Medicaid payback requirement upon the beneficiary’s death.

• Remaining trust assets may be distributed to other family members or beneficiaries as outlined in the trust agreement.

• Allows families to provide input as to how the trust assets are spent to best meet their family member’s needs

• Allows families to provide ongoing financial support while preserving the beneficiary’s eligibility for public benefits.

Program 4 – Medicare Set-Aside Trusts

A Medicare Set-Aside (MSA) Trust is established to hold settlement funds designated for future medical expenses related to a personal injury or workers’ compensation claim.

Key characteristics include:

• Funds are used exclusively for Medicare-covered medical expenses related to the injury or illness.

• Assets are not invested and do not grow.

• The purpose of the trust is to protect Medicare’s interests by ensuring settlement funds are properly exhausted before Medicare becomes the primary payer.