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Presented by The University of Texas School of Law
and The Wealth Management and Trust Division of the
Texas Bankers Association
Major Sponsors
The Center for Special Needs Trust Administration
Encore Trust
Wells Fargo, The Private Bank
Conference art
Artwork Details

2009

Changes and Trends Affecting Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers
Austin Feb 19-20, 2009 InterContinental Stephen F. Austin Hotel
Conference Concluded
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Overview

This program brings together leading professionals in the SNT field, and offers a great set of seminar materials, including sample forms, resources and tool sets. If you work with special needs trusts—or want to learn how to use, draft, fund and administer them—don’t miss this important program.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 February 19, 2009
  • Day 2 February 20, 2009
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Feb. 19, 2009
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
  • 10:00 am
    Registration Opens
    Includes light refreshments - sponsored by Wells Fargo

  • 10:50 am
    Welcoming Remarks

  • 11:00 am
    0.75 hr
    0.25 hr ethics
    Special Needs Trust Overview
    This presentation will examine the underlying laws special needs trusts are based upon and provide examples that give rise to their use and purpose. The information will include how to spot opportunities to use SNTs, analyze the options available and understand potential ethical issues.

    Wesley E. Wright, Wright Abshire Attorneys - Bellaire, TX

  • 11:45 am
    0.75 hr
    0.25 hr ethics
    Protecting and Maximizing Public Benefits
    Planning options – and related ethical issues – to ensure a trust's beneficiary qualifies for the most important disability benefits: Supplemental Security Income, Medicaid, Social Security Disability Insurance and Medicare; and how to manage trust distributions to avoid losing benefits while enhancing the beneficiary's quality of life.

    H. Clyde Farrell, Attorney at Law - Austin, TX
    Christina Lesher, Attorney at Law - Houston, TX

  • Thursday Afternoon, Feb. 19, 2009
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
  • 12:30 pm
    Lunch on your Own

  • 1:45 pm
    0.50 hr
    The Third-Party Special Needs Trust
    This session will discuss the use of the Third-Party SNTs in special needs planning, including the contrast with self-settled SNTs. It will also explore current Medicaid law in Texas defining the corpus as an "unavailable resource" as compared to national trends under the UTC and Restatement Third; plus implementing these trusts in veteran benefits planning.
    This session has moved to Thursday at 4:45 p.m.

    Randy Drewett, Attorney at Law - Beaumont, TX

  • 2:15 pm
    0.75 hr
    Court Created Trusts: What Makes Them So Special?
    This presentation will focus on the use of self-settled, court-created trusts established under Section 142.005 of the Texas Property Code, Section 867 of the Texas Probate Code, and 42 U.S.C. Section 1396. It will include a discussion of the current rules and methods used to adapt the trusts for special needs beneficiaries.

    Moderator:
    Shari M. Scholten, Wells Fargo/The Private Bank - Austin, TX
    Deborah A. Green, Attorney at Law - Austin, TX
    Glenn M. Karisch, The Karisch Law Firm, PLLC - Austin, TX

  • 3:00 pm
    0.75 hr
    Pooled Trusts
    This session will recap the history of both third-party and self-settled pooled trusts and will address current national pooled trust activity and trends. Experienced pooled trust administrators will discuss the benefits and challenges of operating pooled trusts.

    Moderator:
    Renee C. Lovelace, Attorney at Law - Dripping Springs, TX
    Christopher Joseph Oglesby, ARC Of Texas - Austin, TX
    John Staunton, The Center for Special Needs Trust Administration, Inc. - Clearwater, FL

  • 3:45 pm
    Break

  • 4:00 pm
    0.75 hr
    Winding Up Trusts
    A discussion of the steps required to wind up a special needs trust upon the death of a beneficiary, including, but not limited to reimbursement of Medicaid, payment of federal estate taxes (including valuing annuities and paying taxes in an illiquid estate), and administering the deceased beneficiary's estate.

    David J. Reber, Locke Lord Bissell & Liddell, LLP - Dallas, TX
    Nancy Sosa, Encore Trust Company - Austin, TX

  • 4:45 pm
    0.50 hr
    The Deficit Reduction Act Requirements for Annuities Paying into a Special Needs Trust
    This session will discuss the Bernstein Letter and its ramifications on structured settlements paying into special needs trusts.
    This session has moved to Thursday at 1:45 p.m.

    Pi-Yi Mayo, Attorney at Law - Baytown, TX

  • 5:15 pm
    0.50 hr
    The Language of Poverty
    This session will discuss the language of poverty as a means to understanding and connecting with the culture of poverty.

    Ed Gomez, El Buen Samaritano - Austin, TX

  • 5:45 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Feb. 20, 2009
    Presiding Officer:
    Renee C. Lovelace, Attorney at Law - Dripping Springs, TX
  • 7:45 am
    Conference Room Opens
    Includes continental breakfast - sponsored by Wells Fargo

  • 8:15 am
    0.75 hr
    0.25 hr ethics
    Planning for Children with Special Needs Trusts
    The presentation will highlight Medicaid benefits available to children with disabilities, and to children of needy families, plus trusts and other planning techniques that can be implemented to protect both types of Medicaid benefits. Additionally, the presentation will include an overview of possible trust distributions focused on providing the highest quality of life for these little ones.

    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX

  • 9:00 am
    0.50 hr
    0.25 hr ethics
    Special Education: Advocacy and Trust Distributions
    The Individuals with Disabilities Education Act requires that every eligible special education student receive a free appropriate public education. Do special education students and their families need an advocate to ensure their right to appropriate special education services? How can trust distributions help students get what they need from the school and provide supplemental services to address needs that are not met by school district special education services?

    Rona W. Statman, The ARC of Texas - Austin, TX

  • 9:30 am
    0.75 hr
    Advocating Olmstead: How Far Do You Go?
    This session will review the 1999 Olmstead vs. L.C. 527 U.S. 581 (1999) decision, and its holding that individuals with disabilities have the right to live and receive services in the least restrictive setting possible. It will then explore whether the ADA and Olmstead applies to SNTs, and how trustees can successfully promote independence in a cost-effective manner.

    Patricia E. Kefalas Dudek, Patricia E. Kefalas Dudek & Associates - Bloomfield Hills, MI

  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    0.25 hr ethics
    Advising Trustees
    Whether the trustee is an unsure or cautious corporate trustee, a clueless family member or a well-meaning but over-reaching professional, problems with trust administration regularly arise. What can you tell the trustee about his or her duties and responsibilities? How involved should you be--in advising the trustee, monitoring expenditures and investment decisions or providing training and periodic reviews? This presenter provides unusual insight--both as an attorney and as a trustee--into what trustees must do and how you can help them.

    Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ

  • 11:15 am
    0.75 hr
    0.25 hr ethics
    Administering an Inadequate Trust with a Challenging Beneficiary/Family in an Imperfect World
    Your trust has to operate in a world notable for its imperfections. Beneficiaries--and their families--fail to understand limits or the reasons for the rules. Benefit agencies misconstrue the facts or misapply the law. Trustees and lawyers forget, bend or ignore the rules. How do you administer a special needs trust in the real world, what ethical issues and problems arise most frequently, and how have real trustees managed to address those problems?

    Moderator:
    Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ
    Leah Cohen, ArrangeCARE - Austin, TX
    Allyson Nelson, Encore Trust Company - Dallas, TX
    Nancy Sosa, Encore Trust Company - Austin, TX

  • Friday Afternoon, Feb. 20, 2009
  • LUNCHEON PRESENTATION
    Sponsored by The Center for Special Needs Trust Administration

  • 12:00 pm
    Pick up Box Lunch

  • 12:15 pm
    0.75 hr
    Case Law Update
    This presentation will cover recent cases involving special needs trusts as well as other cases of note.

    Mary Alice Jackson, Boyer & Jackson, P.A. - Austin, TX
    Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

  • 1:00 pm
    Break

  • 1:15 pm
    1.00 hr
    Agency Panel: Questions, Answers and Options
    A panel of government experts will address emerging issues arising in such programs as Supplemental Security Income and Medicaid.

    Moderator:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
    Beth Brown, Social Security Administration - Dallas, TX
    Barry Browning, Texas Dept of Aging & Disability Services - Austin, TX
    Reba Collins, Social Security Administration - Dallas, TX
    Shari L. Nichols, Health and Human Services Commission - Austin, TX
    Gayle Sandoval, Texas Department of Aging and Disability Services - Austin, TX
    John Stockton, Health and Human Services Commission - Austin, TX

  • 2:15 pm
    0.50 hr
    What You Need to Know About the New Medicare Set Aside Rules and Their Impact on SNT's
    An overview presentation addressing the basic Medicare set aside (MSA) concepts; the history of the expansion of the MSA requirements from the workers compensation arena to all personal injury cases; the current positions of the Center for Medicare Services; the application of the Medicare Secondary Payer Statute and the Medicare, Medicaid, and SCHIP Extension Act of 2007; and practical recommendations of what to do in light of the new MSA developments including the possibility of MSA provisions embedded in SNT's.

    Ronald R. Cresswell Esq., Locke Lord Bissell & Liddell LLP - Dallas, TX

  • 2:45 pm
    0.75 hr
    Medicare Set Aside Panel: Current MSA Issues and Possible Solutions
    The panel will discuss the impact of the new MSA developments upon the drafting, funding and administration of special needs trusts from the standpoint of both the Center for Medicare Services agency policies and from the viewpoint of practicing elder law and trust attorneys.

    Moderator:
    Ronald R. Cresswell Esq., Locke Lord Bissell & Liddell LLP - Dallas, TX
    Deborah A. Green, Attorney at Law - Austin, TX
    Materials By:
    Pi-Yi Mayo, Attorney at Law - Baytown, TX
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
    Sally Stalcup, Centers for Medicare & Medicaid Services - Dallas, TX

  • 3:30 pm
    Adjourn

  • Day 1 February 19, 2009
  • Day 2 February 20, 2009
Download Schedule

Conference Faculty

Beth Brown

Social Security Administration
Dallas, TX

Barry Browning

Texas Dept of Aging & Disability Services
Austin, TX

Leah Cohen

ArrangeCARE
Austin, TX

Reba Collins

Social Security Administration
Dallas, TX

Ronald R. Cresswell Esq.

Locke Lord Bissell & Liddell LLP
Dallas, TX

Randy Drewett

Attorney at Law
Beaumont, TX

Patricia E. Kefalas Dudek

Patricia E. Kefalas Dudek & Associates
Bloomfield Hills, MI

H. Clyde Farrell

Attorney at Law
Austin, TX

Robert B. Fleming

Fleming & Curti, PLC
Tucson, AZ

Ed Gomez

El Buen Samaritano
Austin, TX

Deborah A. Green

Attorney at Law
Austin, TX

Mary Alice Jackson

Boyer & Jackson, P.A.
Austin, TX

Glenn M. Karisch

The Karisch Law Firm, PLLC
Austin, TX

Christina Lesher

Attorney at Law
Houston, TX

Renee C. Lovelace

Attorney at Law
Dripping Springs, TX

Pi-Yi Mayo

Attorney at Law
Baytown, TX

Rebecca C. Morgan

Stetson University College of Law
Gulfport, FL

Allyson Nelson

Encore Trust Company
Dallas, TX

Shari L. Nichols

Health and Human Services Commission
Austin, TX

Christopher Joseph Oglesby

ARC Of Texas
Austin, TX

David J. Reber

Locke Lord Bissell & Liddell, LLP
Dallas, TX

Gayle Sandoval

Texas Department of Aging and Disability Services
Austin, TX

Shari M. Scholten

Wells Fargo/The Private Bank
Austin, TX

Patricia F. Sitchler

Schoenbaum, Curphy & Scanlan, PC
San Antonio, TX

Nancy Sosa

Encore Trust Company
Austin, TX

Sally Stalcup

Centers for Medicare & Medicaid Services
Dallas, TX

Rona W. Statman

The ARC of Texas
Austin, TX

John Staunton

The Center for Special Needs Trust Administration, Inc.
Clearwater, FL

John Stockton

Health and Human Services Commission
Austin, TX

Wesley E. Wright

Wright Abshire Attorneys
Bellaire, TX

Planning Committee

Renee C. Lovelace—Co-Chair

Attorney at Law
Dripping Springs, TX

Patricia F. Sitchler—Co-Chair

Schoenbaum, Curphy & Scanlan, PC
San Antonio, TX

Leah Cohen

ArrangeCARE
Austin, TX

Ronald R. Cresswell Esq.

Locke Lord Bissell & Liddell LLP
Dallas, TX

H. Clyde Farrell

Attorney at Law
Austin, TX

Deborah A. Green

Attorney at Law
Austin, TX

Pi-Yi Mayo

Attorney at Law
Baytown, TX

Margaret McNamee

University of Texas School of Law
Austin, TX

Shari M. Scholten

Wells Fargo/The Private Bank
Austin, TX

Nancy Sosa

Encore Trust Company
Austin, TX

Elizabeth (Liz) Yzaguirre

Wells Fargo Bank, N.A.
Corpus Christi, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 11.75 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 11.75 hrs  |  1.50 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 14.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Feb 19-20, 2009 – InterContinental Stephen F. Austin Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $425.00 Regular pricing: Feb 11, 2009

$475.00 for registrations received after this time

Last day for cancellation (full refund): Feb 13, 2009

$50 processing fee applied after this date

Last day for cancellation: Feb 16, 2009

Venue

speaker

InterContinental Stephen F. Austin Hotel

701 Congress Avenue
Austin, TX
512-457-8800 (reservations)

Accommodations

$199.00 good through Jan 28, 2009

Parking Information

$12 Valet Daily; additional self-parking nearby

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Encore Trust Company

    Encore Trust Company
    At Encore Trust, our primary business is trust and investment management. We are specialists in our field of expertise and dedicated to providing the highest level of service to our clients. Our officers possess an average of 25 years of trust experience and have the ability to deal with complex financial holdings. We provide prudent and efficient management of trust assets, ensuring these assets are protected and used for their stated purposes. www.encoretrust.com www.encoretrust.com/

  • The Center for Special Needs Trusts Admi

    The Center for Special Needs Trusts Admi
    Because Special Needs Trusts protect eligibility for public assistance programs such as SSI and Medicaid, they present very special and unique administrative problems. The Center for Special Needs Trust Administration, Inc. (the Center) is a Florida not-for-profit corporation that offers a special solution to this problem by offering specialized administrative services for Special Needs Trusts. The Center's unique combination of services can give trust beneficiaries and their families the peace of mind that comes from knowing public assistance benefits will be protected and that quality of life will be enhanced by using trust assets to meet special needs that are not provided by basic public assistance. www.sntcenter.org www.sntcenter.org/

  • Wells Fargo

    Wells Fargo
    www.wellsfargo.com/theprivatebank/

  • Charmayne Moody

    Charmayne Moody
Download Sponsor Details Become a Sponsor
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