On March 30, 1987, the Directors of the Arc of Berks County established the Berks Community Trust program to service families and family members with a developmental disability.

Why the Berks Community Trust was established:

The Berks Community Trust has been created to provide a permanent trust option for parents/guardians to provide funds, whether small or large, for their family member's future needs without jeopardizing government entitlements. Parents who desire to leave assets for the comfort and pleasure of their child with a developmental disability have encountered several problems that can ruin their intentions. First, and individual trust, usually, must exceed $175,000, before a financial institution will accept its administration. Many estates will have less than the required amount after settlement for each individual beneficiary. Secondly, there may be no relative/guardian available to oversee a privately administered trust fund. Or there may not be individuals to succeed the original trustee would the beneficiary outlive him or her. Thirdly, if an individual with a developmental disability receives Supplemental Security Income (SSI) and accumulates "unsheltered" personal assets, through the proceeds of an estate or by any other means, that exceed the maximum allowable limit, governmental benefits could be curtailed.

Benefits would be withheld until the individual's total assets fall below this legal limit. Additionally, when an individual maintains "unsheltered" assets, they will be included when determining fees for specialized services. Services previously received at This could mean spending the assets from an estate for all routine, as well as, extraordinary expenses. Without a substantially funded trust or a person to administer a smaller trust fund, the beneficiary usually will be forced to begin spending his/her inheritance immediately. Knowing this, parents, most often, have not left assets directly to a child with a developmental disability; consequently, the individual has been regretfully excluded from the terms of the will.

Functions of the Berks Community Trust

The Berks Community Trust Master Trust Agreement, a legal instrument, has established a private non-profit program, which places funds in the control of a Board of Trustees, whose powers and duties are clearly spelled out by the family for the benefit of the individual beneficiary. The Board of Trustees assumes responsibility for continued management of all assets received by the Trust. Proceeds from insurance benefits, family assets, and other sources are managed by the Trustees to meet the needs of the Trust beneficiaries. The Trust instruments are worded so that the funds placed in trust for the beneficiary may be used only for purposes "above and beyond" the governmental benefits to which the persons is entitled. Funds in trust are to supplement the individual's earnings and governmental benefits, not supplant them.

Supplemental Support for the Beneficiary

The Trust instruments are worded so that the funds provided for the benefit of the beneficiary may be used only for purposes "above and beyond" the governmental benefits to which the person is entitled. Benefits derived from the Trust are to supplement the individual's earnings and governmental benefits and not supplant them. Specific uses might include purchase of extra personal items and clothing, furnishings or accessories for home, vacation expenses, elective dentistry, services or items not available through any other resource.

Trustees

There are seven Trustees originally appointed by the Arc of Berks County's Board of Directors. The Master Trust Agreement requires that at least three Trustees be related to a person with a developmental disability. The Trustees are responsible for appointing successor Trustee's, as necessary. Trustees receive no compensation for their participation in the trust program. Members of the Board of Trustees include representation from the business, financial and professional communities.

Types of Individual Trusts

Parents, relatives or friends (third parties) may create an individual special needs trust using personal assets to fund the trust. A "living trust" may be established by depositing assets while they the contributor is living and/or create a "testamentary trust" in their wills to be funded from proceeds of their estate. Under specific conditions an individual may "self-funded" a with their own funds. Assets from self-funded trust are maintained under the legal requirements for a "pooled trust." Initial deposits must be $1,000 or more. Assets may include cash, real property, and/or securities. Trustees will review all assets submitted to the trust and have the right to reject any asset.