Commonwealth Community Trust (CCT) provides general
information to assist attorneys in the representation
of their clients. CCT does not offer legal advice nor
does CCT offer to draft legal papers for attorneys.
CCT is a non-stock, nonprofit Corporation qualified
as a 501(C)(3) entity under the Internal Revenue
Code. CCT provides people with disabilities the
opportunity to establish a trust that will not
jeopardize entitlement benefits, and in conjunction
with the Trust Company of Virginia, serves as the
Trustee. CCT offers two types of trusts:
self-funded Pooled Disability Trust is
established by the person with a disability who comes
into a sum of money.
third party Special Needs Trust is established
by family members, usually as part of an Estate Plan.
Commonwealth Community Trust’s Pooled Disability
Trust was set up in 1994 in response to the
sweeping changes in the Medicaid rules under the
Omnibus Budget Reconciliation Act of 1993 (OBRA -
93). The Pooled Disability Trust assists persons with
disabilities who have assets of their own (such as a
personal injury settlement, social security back
payment or inheritance), who are otherwise eligible
for entitlement benefits and need a Trustee.
It is possible for a Court to order that structured
settlement payments be paid to the Trustees of the
Pooled Trust for the benefit of the disabled
individual. Also, it is possible for the person with
a disability (or Guardian, etc.) to transfer assets
to the trust on his/her behalf.
The CCT Master Trust Agreements, with amendments, are
recorded in the Chesterfield County Circuit Court
The Joinder Agreement is the legal document to join.
Detailed information about the Beneficiary is
maintained by CCT and updated annually.
Funded accounts with CCT are managed and invested by
The Trust Company of Virginia, a licensed trust
company under state law. The Trust Company of
Virginia is advised by CCT’s Board of Directors
currently consisting of sixteen individuals. Under
the terms of the CCT trust, at least two members of
the Board must be related to a person with a
disability and the rest have a professional or
personal interest in issues relating to individuals
The benefits of the Commonwealth Community Trust are
Specialized knowledge of the basic and unique needs
of people with disabilities.
• No required minimum to fund
the trust often encountered as part of establishing a
• Monitors and safeguards the
Beneficiary's SSI and Medicaid on an individual
• Assures that changes in
laws and regulations will be known so that necessary
modifications can be made
each individual's program.
• Provide required reporting
to Social Security and Medicaid at the time the trust
• The remainder in the third
party Special Needs Trust after the Beneficiary’s
death can be dispersed to the Grantor’s
Beneficiary, as permitted by law.
• The remainder in the
self-funded Pooled Disability Trust can go to the
Grantor’s designated Beneficiary after Medicaid
paid back (for clients who receive Medicaid) or based
on the state’s policy for the remainder.
Please contact CCT if you would like some additional
information for a Court Petition or Order if you are
dealing with either:
A. a merger of an existing testamentary special needs
trust into CCT (Master Special Needs Trust); or
B. a court ordered settlement of a disabled
individual under age 18, in accordance with VA Code
8.01-424 (Pooled Disability Trust).