The Disability Foundation, Inc.

In 1998, The Dayton Foundation helped to establish The Disability Foundation. This supporting organization offers planning options that provide supplemental goods or services for individuals with disabilities.

Inheriting or receiving even minor amounts of money or property may jeopardize an individual with disabilities support from Medicaid and Supplemental Security Income (SSI). The Disability Foundation administers three pooled, disability trusts - the Ohio Community Pooled Annuity Trust, the 2014 Ohio Community Pooled Flexible-Spending Trust and the Third Party Pooled Flexible Spending Trust. All are safe and affordable planning options for people faced with this issue. Through these trusts, individuals with disabilities and their families can establish accounts that will provide a financial foundation to support the individuals’ supplemental needs without risking Medicaid and/or SSI benefits.

The Disability Foundation was initiated through the efforts of The Dayton Foundation, working with the Brighter Tomorrow Foundation, the Gorman-Hewitt-Ayars Memorial Fund of United Cerebral Palsy, Greater Dayton Mental Health Foundation and the Greene Foundation.

For More Information

The Disability Foundation is located in the offices of The Dayton Foundation at 1401 S. Main Street, Suite 100, Dayton, Ohio 45409. To learn more, please visit us at:

Do You Have Dependent Family Members Who Have Disabilities?

Did you know that naming an individual with disabilities in your will could cause him or her to lose Medicaid or Supplemental Security Income (SSI) benefits?

Governmental assistance benefits also are in jeopardy if the individual with disabilities receives a lump sum of money, such as from a personal injury settlement, back payment from Social Security or even lottery winnings.

Thanks to The Disability Foundation, a supporting organization of The Dayton Foundation, you can help ensure a good quality of life for your disabled loved one and not have to make the difficult decision to disinherit him or her or risk jeopardizing important entitlements.


Ohio Community Pooled Annuity Trust (OCPAT):

Individuals with disabilities and their families can establish an account that will provide a lifetime plan of payments backed by The Dayton Foundation. When a family sets up an account in this trust, an annuity calculation is made and a monthly benefit amount determined. Each month that amount is credited to the individual’s spending account.

  • The monthly benefit is guaranteed for the life of the individual (by The Dayton Foundation as Trustee).
  • The money in the account can be spent quarterly or accumulated for a future activity.
  • The monthly payment amount is calculated when the account is funded and based upon the value of the assets transferred, the age of the individual with disabilities and charitable gift annuity rates at that time.
  • Best of all, there is no initial fee for establishing an account, and no annual maintenance fees are charged. Plus, each account is considered a general obligation of The Dayton Foundation, and all payments are backed by the assets of both The Dayton Foundation and The Disability Foundation.

Learn more about Ohio Community Pooled Annuity Trust.

2014 Ohio Community Pooled Flexible-Spending Trust (OCPFST):

The OCPFST provides an option to families who do not want the annuity limitation in the OCPAT. The only limit on the amount that can be spent is the amount in the individual’s account.

  • OCPFST provides more flexibility, particularly if a major purchase is needed.
  • The Flexible-Spending Trust allows individuals to set resources aside for a time when those funds are needed to purchase supplemental need items.
  • While it does not provide a lifetime guarantee of payments, it does allow recipients to make requests from the principle sum in the Trust.

Learn more about 2014 Ohio Community Pooled Flexible-Spending Trust.

Third-Party Flexible Spending Pooled Trust:

This trust is created with money provided by anyone other than the beneficiary, such as parents, other relatives, or friends of the beneficiary. The beneficiary cannot create their own third party trust, nor can any monies they have ever owned be deposited into the trust. The trust can be created during the grantor’s lifetime or as a part of the last will and testament. Since the monies never belonged to the beneficiary, upon their death, there is no Medicaid Payback, and the remainder beneficiaries may receive the funds. Examples of funding include gifts directly to the trust, an inheritance the Grantor wishes to leave to the beneficiary (the beneficiary has not yet received the inheritance), or life insurance policy proceeds, all directly directed to the trust.

Learn more about Third-Party Flexible Spending Pooled Trust.

While these Trust option’s may be used to fulfill an individual’s basic necessities (i.e., food, clothing or shelter), they may provide for the "extras" in life, such as travel, hobbies, pets, recreation, medical equipment and services not covered by Medicaid. Assets held in either Trust may not counted for Medicaid or SSI purposes, so long as the monthly payments are used for the individual’s supplemental needs.

By designating a personal representative to oversee the account, a family has peace of mind that their loved one’s best interests are being looked after now and in the future.

An account can be established in the Trust to supplement the individual’s needs immediately, or it can be deferred and funded through an estate plan.

For more information, please visit The Disability Foundation website at


To illustrate how The Disability Foundation can help families provide for the future care and happiness of their loved ones with disabilities, take a look at these two examples:

Example #1
Transferring a disabled individual’s inheritance to help him pursue his hobbies and, one day, take the trip of his dreams

Example #2
Establishing a deferred charitable gift annuity to continue a child’s favorite activities, long after her parents have passed away

Attorney Brittany O’Diam explains in The Dayton Foundation’s advisor newsletter Futures how The Disability Foundation’s 2014 Ohio Community Pooled Flexible-Spending Trust helps families of individuals with disabilities.

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File date: 07.26.23


Greg Darling

The Disability Foundation’s staff would be happy to talk to you or your attorney or other advisor about this planning option or other resources that might be available for your family. Greg Darling, executive director of The Disability Foundation, (937) 225-9939

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