eConference

2022 Special Needs Trusts eConference

Contains material from Mar 2022 to Apr 2022

2022 Special Needs Trusts eConference
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Overall a good CLE course.

This course was very well rounded.

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The 18th Annual Changes and Trends Affecting Special Needs Trusts brings together nationally recognized professionals in the SNT field, features the latest updates and hot topics, and offers a great set of materials including sample forms, drafting tips, sample language, and resources.
This year’s program includes:
 
  • A special luncheon presentation from Thomas Foley, Executive Director of the National Disability Institute.
  • An overview of special needs trusts essentials, including information on SNT basics, updates on maximizing public benefits, and ABLE updates.
  • Explore the art of focusing client appointments and staying on track, with Initial Client Meeting Guidance and Resources.
  • The Case Law Updates provides an analysis of recent Texas and national cases and legislation involving special needs trusts and ancillary issues.
  • Explore how Third-Party SNTs are taxed and how the failure to plan properly can affect the quality of life of the beneficiary.
  • Gain answers and clarity around the confusion and questions surrounding the benefits available to special needs children of retired, wartime veterans.

Includes: Video Audio Paper Slides


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1. Special Needs Trusts 101: The Basics (Mar 2022)

Molly Abshire

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(mp4)
61 mins
(mp3)
61 mins
(pdf)
51 pgs
(pdf)
26 pgs
Session 1 —61 mins
Special Needs Trusts 101: The Basics (Mar 2022)

An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples.

Originally presented: Feb 2022 Special Needs Trusts

Molly Abshire, Wright Abshire, Attorneys - Bellaire, TX

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2. ABLE: Updates and Real-Life Application (Apr 2022)

Haley D. Greer, Doug Jackson

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
9 pgs
Session 2 —44 mins
ABLE: Updates and Real-Life Application (Apr 2022)

Find an overview of Achieving a Better Life Experience (ABLE) accounts and their utility in trust administration and planning. In coordination with Special Needs Trusts (SNTs) ABLE accounts can provide autonomy and expansion of permissible purchases for beneficiaries. Hear real life examples of how SNTs and ABLE accounts work together. 

Originally presented: Feb 2022 Special Needs Trusts

Haley D. Greer, The Arc Of Texas - Austin, TX
Doug Jackson, STABLE Accounts - Columbus, OH

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3. Maximizing Public Benefits (Mar 2022)

H. Clyde Farrell, Christina Lesher

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(mp4)
60 mins
(mp3)
59 mins
(pdf)
226 pgs
(pdf)
16 pgs
Session 3 —60 mins
Maximizing Public Benefits (Mar 2022)

Review the basics of SSI, Medicaid and other disability benefits that trustees must know and protect; and catch up on recent changes and trends affecting trust beneficiaries who depend on those benefits.

Originally presented: Feb 2022 Special Needs Trusts

H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX
Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX

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4. Initial Client Meeting Guidance and Resources (Apr 2022)

Benecia Flores

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
19 pgs
Slides
(pdf)
5 pgs
Session 4 —29 mins
Initial Client Meeting Guidance and Resources (Apr 2022)

Exploring the art of focusing client appointments and staying on track.

Originally presented: Feb 2022 Special Needs Trusts

Benecia Flores, Petrosewicz Law Firm, P.C. - Richmond, TX

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5. Nothing About Us Without Us (Mar 2022)

Thomas Foley

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(mp4)
29 mins
(mp3)
29 mins
Session 5 —29 mins
Nothing About Us Without Us (Mar 2022)

Gain insight into the independent living movement and how the SNT practitioner can integrate the concepts of independent living into planning and administration of SNTs. Learn how the SNT practitioner can and should do more than just maintain eligibility for public benefits, but instead use the trust funds to help the beneficiary build financial stability and independence in their own lives. Focus on inclusion of the beneficiary in how the trust is managed to focus on their objectives – not necessarily what the trustee thinks is best for the beneficiary.

Originally presented: Feb 2022 Special Needs Trusts

Thomas Foley, National Disability Institute - Washington, DC

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6. Case Law Update (Apr 2022)

John B. Henry III

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
10 pgs
Session 6 —45 mins
Case Law Update (Apr 2022)

An exploration and analysis of recent Texas and national cases and legislation involving special needs trusts and ancillary issues.

Originally presented: Feb 2022 Special Needs Trusts

John B. Henry III, Law Office of John B. Henry, III, PLLC - Bellaire, TX

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7. Quality of Care and Choices for People with Disabilities (Mar 2022)

Ramona Brush, Richard A. Courtney

1.00 1.00 0.00
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(mp4)
59 mins
(mp3)
59 mins
(pdf)
12 pgs
(pdf)
16 pgs
(pdf)
12 pgs
Session 7 —59 mins
Quality of Care and Choices for People with Disabilities (Mar 2022)

Persons with disabilities often have social, physical and mental health care needs that affect their quality of life. In this session, a Care Manager and a special needs planning attorney will address where and how to find resources to meet those needs, how to pay for those resources, and ethical and family dynamics concerns involved in obtaining quality care.

Originally presented: Feb 2022 Special Needs Trusts

Ramona Brush, arrangeCARE - Austin, TX
Richard A. Courtney, Courtney Elder Law Associates - Jackson, MS

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8. How to Evaluate Requests/Make Proper Distributions from an SNT (Apr 2022)

Elisa Dillard Rainey, Nancy Sosa

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(mp4)
45 mins
(mp3)
45 mins
Paper
(pdf)
5 pgs
(pdf)
13 pgs
Session 8 —45 mins
How to Evaluate Requests/Make Proper Distributions from an SNT (Apr 2022)

Assuring that distributions are properly made from an SNT is key to protecting the interests of the beneficiary and preserving the trust as an exempt asset for purposes of SSI and Medicaid qualification. Whether you are advising a beneficiary regarding his or her rights or acting as a trust officer in weighing requests for particular distributions, it is important to understand the limitations upon and strategies for trust distributions.

Originally presented: Feb 2022 Special Needs Trusts

Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
Nancy Sosa, Cadence Bank - Austin, TX

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9. Pitfalls of Acting as a Successor Trustee: Taking Over a Disaster (Apr 2022)

Stephen W. Dale, Peter J. Wall

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
31 pgs
(pdf)
14 pgs
Session 9 —44 mins
Pitfalls of Acting as a Successor Trustee: Taking Over a Disaster (Apr 2022)

Counseling SNT beneficiaries looking for successor trustees or advising potential successor trustees comes with its own unique set of challenges. Difficulties ranging from public benefits issues, confidentiality and privilege, prior and future accounting complications, investment considerations, beneficiary expectations, and tax filings (among other issues) can derail proper administration from the onset of a relationship and may expose a successor trustee to heightened liability. Such issues may also prove problematic for the SNT beneficiary. Speakers will provide insights and case studies from personal experiences while providing best practice tips for practitioners. 

Originally presented: Feb 2022 Special Needs Trusts

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Peter J. Wall, True Link Financial - Denver, CO

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10. The SSI Program and the POMS - Past, Present and Future (Mar 2022)

Kenneth Brown

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(mp4)
64 mins
(mp3)
64 mins
(pdf)
152 pgs
(pdf)
37 pgs
Session 10 —64 mins
The SSI Program and the POMS - Past, Present and Future (Mar 2022)

In order to have a successful trust practice, you have to be conversant in the SSA Program Operations Manual System (POMS). But do you really understand what the POMS are and why they are important? The Supplemental Security Income Restoration Act brings significant proposed changes to the SSI rules, including removing in-kind support and maintenance rules and raising exempt asset levels. This session will provide an overview of the POMS, POMS provisions that are important to know, and tips on getting the most out of SSI benefits when using a trust. Then we will do some future-casting on the most difficult and quirky SSI rules that need to change and the provisions of the SSI Restoration Act.

Originally presented: Feb 2022 Special Needs Trusts

Kenneth Brown, Attorney at Law - Mt. Airy, MD

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11. Fiduciary Litigation Update 2020-2021 (Mar 2022)

David F. Johnson

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(mp4)
42 mins
(mp3)
41 mins
(pdf)
133 pgs
(pdf)
29 pgs
Session 11 —42 mins
Fiduciary Litigation Update 2020-2021 (Mar 2022)

Cover recent statutory changes and case law updates. Discuss extending the rule against perpetuities, de jure versus de facto status as trustee, modifications to trusts, trust construction, temporary injunctions against trustees, trustee authority to sell real estate, trust management of closely held businesses, co-trustee management, exculpatory clauses, acceptance-of-the-benefits doctrine, will reformation, and more.

Originally presented: Feb 2022 Special Needs Trusts

David F. Johnson, Winstead PC - Fort Worth, TX

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12. SSA Regional Trust Leads Presentation Regarding SSI Trusts (Mar 2022)

Amanda Flood, Dana Marquez

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(mp4)
58 mins
(mp3)
58 mins
(pdf)
15 pgs
Session 12 —58 mins
SSA Regional Trust Leads Presentation Regarding SSI Trusts (Mar 2022)

A discussion with the Regional Trust Leads on the SSI trust review business process, including field office technician and Office of the General Counsel roles. Hear the latest information regarding recurring drafting mistakes.

Originally presented: Feb 2022 Special Needs Trusts

Amanda Flood, U.S. Social Security Administration - Dallas, TX
Dana Marquez, U.S. Social Security Administration - Dallas, TX

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13. Taxation of Third-Party Special Needs Trusts (Mar 2022)

Tresi Moore Weeks

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(mp4)
28 mins
(mp3)
28 mins
(pdf)
29 pgs
(pdf)
25 pgs
Session 13 —28 mins
Taxation of Third-Party Special Needs Trusts (Mar 2022)

Special needs planning attorneys must have a basic knowledge of the income taxation of SNTs. Explore through case studies how Third-Party SNTs are taxed, as grantor or non-grantor, complex, IRA or qualified disability trusts, and how the taxation can affect the trustee’s duties and the quality of life of the beneficiary.

Originally presented: Feb 2022 Special Needs Trusts

Tresi Moore Weeks, The Weeks Law Firm, PLLC - Plano, TX

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14. Effects of Isolation During the Covid-19 Pandemic for Older Adults (Mar 2022)

Amber M. Gum

1.00 1.00 0.00
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(mp4)
57 mins
(mp3)
57 mins
(pdf)
21 pgs
Session 14 —57 mins
Effects of Isolation During the Covid-19 Pandemic for Older Adults (Mar 2022)

Review the impacts of isolation during the COVID-19 pandemic for older adults and their caregivers, such as depression, functional decline, disruption to services, and resilience. Discuss innovative services being delivered during the pandemic and implications for the future, including expansion of remote and hybrid services for socialization, health promotion, and well-being.

Originally presented: Feb 2022 Special Needs Trusts

Amber M. Gum, University of South Florida - Tampa, FL

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15. The Cross-Section between Survivor's Benefits Plan, VA Pension, and SNTs (Mar 2022)

Victoria L. Collier

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(mp4)
43 mins
(mp3)
43 mins
(pdf)
10 pgs
(pdf)
13 pgs
Session 15 —43 mins
The Cross-Section between Survivor's Benefits Plan, VA Pension, and SNTs (Mar 2022)

Gain answers and clarity around the confusion and questions surrounding the benefits available to special needs children of retired, wartime veterans. Does SBP negatively affect survivor's pension and can SBP be put into an SNT? Be sure not to miss this session.

Originally presented: Feb 2022 Special Needs Trusts

Victoria L. Collier, Attorney at Law - Atlanta, GA

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16. Financial Projections for Quality of Life Possible When Factoring in Public and Private Resources (Mar 2022)

Stephen W. Dale, Robert B. Fleming, Thomas Foley, Renée C. Lovelace

1.00 0.00 0.00
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(mp4)
61 mins
(mp3)
61 mins
(pdf)
8 pgs
(pdf)
13 pgs
(pdf)
17 pgs
Paper
(pdf)
3 pgs
(pdf)
14 pgs
Session 16 —61 mins
Financial Projections for Quality of Life Possible When Factoring in Public and Private Resources (Mar 2022)

Focus on the importance of financial projections within the expected public and private resources available in maintaining the quality of life for a person with a disability. In many cases resources are limited and hard choices must be made especially when it becomes apparent that a special needs trust will not last for the rest of the beneficiary’s life unless the rate of expenditures are limited. How should the funds be invested? Which expenditures should be encouraged, and which discouraged? How does the trustee deal with the beneficiary, family and providers? What tools such as online calculators are available and how to do you use them?

Originally presented: Feb 2022 Special Needs Trusts

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ
Thomas Foley, National Disability Institute - Washington, DC
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Tyler, TX

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17. Continuity of Care (Mar 2022)

Terry Garrett, Melanie Ibarra-Herrera

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(mp4)
26 mins
(mp3)
26 mins
(pdf)
37 pgs
(pdf)
13 pgs
Session 17 —26 mins
Continuity of Care (Mar 2022)

People, processes and documents to promote continuity of care in changing circumstances.

Originally presented: Feb 2022 Special Needs Trusts

Terry Garrett, The Garrett Law Firm, PLLC - Austin, TX
Melanie Ibarra-Herrera, The Garrett Law Firm, PLLC - Austin, TX