Attorneys

Trust Enrollment

Step One: Counsel your client

Prior to joining the West Virginia PACE Trust Fund, it is critical that you counsel your client on the following matters. Additionally, we recommend that you review the list of frequently asked questions directly with your client. If you have questions, please contact us.

• Beneficiary advocate:
  • We require the beneficiary to name a person to be their “Beneficiary Advocate” (BA) when enrolling in the West Virginia PACE Trust Fund. In some cases, the beneficiary may be acting as his/her own Beneficiary Advocate.
  • The Beneficiary Advocate advises the trustee about disbursements and acts as the beneficiary’s representative.
•  Spending plan:
  • The Beneficiary Advocate and trustee will develop a spending plan to ascertain the specific distributions that should be made for the benefit of the beneficiary. The Spending Plan will take the amount of fund is in the trust account, the estimated number of years the trust account will be needed, and the public benefits that are available to the beneficiary.
• When submitting disbursement requests please consider the following:
  • Generally, recurring bills should be set up in advance to limit potential check requests and potential costs associated with late fees.
  • For the beneficiaries convenience certain low-dollar monthly bills may be paid up to one year in advance.
  • Most disbursements are approved and checks are mailed within five business days from the date the request is received.
  • Some payments to third parties such as credit card companies may require the payment stub for the proper application of payment. If checks are returned for any reason, the West Virginia PACE Trust Fund will mail the checks made payable to the third party directly to the trust beneficiary, or the Beneficiary Advocate, who will then remit payment with the required stub.
• Some disbursements may jeopardize public benefits:
  • Disbursements for food, gas, electricity, water, sewer, heating/fuel, garbage removal, real estate taxes, rent, or mortgage can jeopardize government benefits eligibility. If the beneficiary wishes the trust to pay for any of these items, he/she must be counseled as to the consequences.
• Disbursement Procedure Requirements:
  • In order for distributions to be made from the West Virginia PACE Trust Fund, the following procedures must be adhered to:
    • No funds can be made payable directly to the Trust Beneficiary.
    • All disbursements must be payable to a 3rd party.
    • All disbursements must be for the sole benefit of the Trust Beneficiary.
    • All disbursement requests must be submitted with adjoining copies of the applicable bill, invoice, or receipt.
    • The Beneficiary Advocate must authorize all disbursement requests. If a Trust Beneficiary is his or her own Beneficiary Advocate, a successor Beneficiary Advocate must be designated in the Joinder Agreement.
• Other Information pertaining to disbursements:
  • For all disbursements from Individual Trust Account, a $25.00 amount minimum applies.
  • A maximum of five checks can be issued from an account per month with a $25.00 per check charge for any additional check request.
  • Any checks returned by a payee will be forwarded to the Trust Beneficiary and/ or Beneficiary Advocate to resubmit the payment to the vendor with an original bill.
  • A $50 per hour surcharge may be assessed to the beneficiary’s trust account if excessive research and staff time is required to process a request.
  • A TrueLink card where money can be preloaded can also be issued by request.
• Fund availability:
  • A one-week waiting period from the date of funding is required before disbursement requests can be submitted.
  • Upon confirmation of funding from True Link Financial Advisors, the West Virginia PACE Trust Fund staff will send orientation information to the named Beneficiary Advocate. Referring attorneys will be copied on this letter.
• Initial and annual costs:
  • The initial and annual costs associated with the administration of the West Virginia PACE Trust Fund account can be found here.
  • First Party Master Trust
  • First Party Joinder
  • Third Party Master Trust
  • Third Party Joinder
• Authorization of attorney fees:
  • Remind the trust beneficiary that signing the Joinder Agreement authorizes the payment of your attorney fees for your services (the Beneficiary Advocate will not be required to authorize a disbursement request for the fees incurred to join the West Virginia PACE Trust Fund). Future fees will require a payment request form signed by the beneficiary advocate.
• Taxes:
  • Pooled Special Needs Trust Individual Trust Accounts are treated as grantor trusts. A K-1 will not be provided for this type of trust.
  • Please instruct the Trust Beneficiary that he/she is required to report any income or dividends accrued from the trust on his or her annual tax return. The year-end statement from the trust’s Investment Adviser can be provided to the Trust Beneficiary’s tax accountant for this purpose. The trust can pay any tax liability.

Step Two: Complete the data collection form

• Please be sure to fill out all components of this document. Incomplete documents will not be accepted.
• Please email the completed document to info@wvpacetrustfund.com.

Step Three: Receive the Joinder Packet and review it with the client

• Upon receipt of the enrollment form and spending plan, the West Virginia PACE Trust Fund staff will schedule an interview with you and your client to determine how to best meet the client’s needs. After the phone call, we will send you the Joinder Packet to enroll your client in the trust.

• The Joinder Packet consists of the following documents:
  • Master Pooled Trust Joinder Agreement
  • Fee Agreement
  • Pooled Special Needs Trust Limitations Disclosure
  • Beneficiary Advocate Acceptance of Duties
  • Disbursement Spending Plan
• The beneficiary must sign the following documents:
  • Master Pooled Trust Joinder Agreement (Note: This document requires a notarized signature)
  • Fee Agreement
• The Beneficiary Advocate must sign the following documents:
  • Pooled Special Needs Trust Limitations Disclosure
  • Beneficiary Advocate Acceptance of Duties
• Please call the West Virginia PACE Trust Fund at 304-983-7223 if you need an expedited trust packet.

Step Four: Mail originals to the West Virginia PACE Trust Fund and notify relevant government benefits agencies

• Mail all original documents included in the Joinder Packet to: 889 Mylan Park Lane, Morgantown, WV 26501
• Upon receiving documents, the West Virginia PACE Trust Fund staff will sign and return a copy of the fully executed documents to your office for your records.
• As the referring attorney, you are responsible for advising the appropriate government benefits agency that your client has established a pooled special needs trust with the West Virginia PACE Trust Fund.

Step Five: Fund the trust (initial and future funding)

• Fund the trust via check or wire transfer.
• Check:
  • Make checks payable to the West Virginia PACE Trust Fund. The beneficiary name should be placed on the memo line.
  • Overnight all checks to:
    • 889 Mylan Park Lane, Morgantown, WV 26501
• Wire transfers
  • Call 304-983-7223 for wire transfer instructions.

Step Six: Beneficiary Advocate orientation

A welcome letter including payment request forms will be mailed to the Beneficiary Advocate. The West Virginia PACE Trust Fund staff will call to review the process and ensure that the BA is comfortable with the process.