Nina Hambergerⁱ

Managing your personal finances can be a difficult matter. However, when complex benefits requirements intersect with inheritances or settlement payments; people with disabilities often believe that they have few options. Yet, Enhanced Life Options (ELO) in New Hampshire provides services that can help navigate these situations.

ELO, established in 1993, is a 501(c)(3) organization that develops and carries out enhanced life option plans for people with disabilities. We provide information, consulting, advocacy, mentoring and trust related services for the disability community, including special needs trusts, supplemental needs trusts, pooled trusts and trusts for independent living. No minimum or maximum asset balance is required to be eligible for services. Services are available regardless of the specific type of disability.

In 1999, ELO launched its national Special Needs Center. The program has recruited consultants drawn from established not-for-profit special needs trust organizations around the country who exchange ideas and consult with new special needs trust organizations. ELO has been recognized nationally as a special needs trust organization, with presentations at the National Guardianship Association, National College of Probate Judges, National Academy of Elder Law Attorneys and the National PLAN Alliance.

Families in New Hampshire and across the country have selected not-for-profit organizations such as ELO, for the following reasons:

• A trust manager with knowledge of disabilities issues can add value beyond financial arrangements;

• A not-for-profit pooled trust can be established by the individual with disabilities

• A not-for-profit pooled trust can accept funds after the beneficiary is 65 years of age; and

• Not-for-profit organizations are specifically referenced in the federal law governing Medicaid and Social Security, as permitted special needs trust managers.

Since the beneficiary of a special needs trust may not serve as trustee, frequently one or more family members serve as trustee. Often, however, no family member is available or the family member is a generation or two older than the beneficiary and may not be living when the beneficiary most needs the trust. Sometimes a family member wants to be involved but does not have the time to actually manage the trust.

In these cases, ELO can serve as trust manager subject to a special power of appointment. This allows a family member to remain involved in a supervisory role, if desired. The holder of the special power of appointment can also be a professional advisor. ELO can also serve as trust manager with the trustee being a professional trustee, such as an attorney, accountant or other family advisor. It is also possible to name a corporate trustee, such as an independent trust company or a bank with a trust department.

In February of 2004, we created a new trust program which people can join using a simple joinder agreement. We now have two different types of pooling arrangements available: (1) individually tailored trusts drawn by attorneys with pooling provisions; and (2) a trust arrangement where the family does not have to create the trust, but joins a trust already created. In either case, each beneficiary's funds are reserved for that individual.

In addition to providing trust services, we provide information, education and consulting services for people with disabilities regardless of whether we provide trustee services. ELO also participates with the N.H. Community Loan Fund in MoneyWorks in a program which makes available Individual Development Accounts (IDAs). ELO was nationally recognized for this project at the National IDA Conference. ELO has also participated in a study of work incentives in the disabilities community, funded in part by the U.S. Social Security Administration. It is our desire that people with disabilities to be part of the American Dream and ELO is committed to making that a reality.

Want to know more about Special Needs Trusts? Read EQUITY Responds.

Nina M. Hamberger
Executive Director
ELO- Enhanced Life Options
15 Constitution Drive, Suite #169
Bedford, N.H. 03110
(603) 472-2543
www.elonh.org

i Nina M. Hamberger has served for the last 10 years as Executive Director of Enhanced Life Options Group, based in Bedford, N.H. ELO provides Special Needs Trust Management services for people with disabilities in New Hampshire and across the Country. ELO also manages Individual Development Accounts (IDA) demonstration projects in the Manchester, N.H. and Portsmouth, N.H. areas. Ms. Hamberger is also the part-time Trust and Probate Paralegal for John Kitchen Law Office, with offices in Laconia and Manchester N.H.