About

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.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Feb. 11, 2010
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
  • 10:00 am
    Registration Opens

    Includes light refreshments sponsored by Wells Fargo-The Private Bank
  • 10:50 am
    Welcoming Remarks

  • 11:00 am
    0.50 hr
    SNT Basics: The Old, the New and the Things Still to Come

    Randy Drewett, Attorney at Law - Beaumont, TX

    This introduction to the program defines the concept of SNTs, including the different types of trusts and when the use of each is appropriate. An overview of some hot topics in SNTs - to be covered in subsequent sessions - is provided.
  • 11:30 am
    0.75 hr
    0.25 hr ethics
    Protecting and Maximizing Public Benefits

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

    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. The session includes updates and new topics such as managing child support for minor or adult SSI beneficiaries and the effect of other income such as alimony.
  • 12:15 pm
    Lunch on Your Own

  • Thursday Afternoon, Feb. 11, 2010
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
  • 1:30 pm
    0.75 hr
    Drafting, Modifying and Interpreting Special Needs Trust Distribution Clauses

    Cynthia L. Barrett, Attorney at Law - Portland, OR

    A look at several issues that may arise when drafting, modifying and interpreting SNT distribution clauses including how diagnosis (i.e MH/DD/Autism Spectrum) may affect your SNT distribution clause; changing a disqualifying distribution clause without the consent of the beneficiary; and interpreting distribution clauses, including administering a discretionary HEMS trust, court-generated restrictions on SNT distributions, and Medicaid agency restrictions on distributions.
  • 2:15 pm
    0.75 hr
    Hobbs and the Sole Benefit Rule

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

    This session covers the 10th Circuit Court of Appeals (New Mexico) case Hobbs v. Zenderman and its impact on “sole benefit” distributions from SNTs when families provide extensive home or other care to an SNT beneficiary.  Families of SNT beneficiaries span the financial range from wealthy to impoverished, from helpful to troublesome, and from well-informed to mis-informed--which creates a wide range of SNT distribution challenges for trustees.  The presentation addresses whether the Hobbs case may change trustees’ distribution options and the negative impact of distributions that are later re-cast by agencies as not for the SNT beneficiary’s sole benefit.
  • 3:00 pm
    0.75 hr
    Court-Created Trusts: Changes to Section 142 and Differing Approaches among Texas Courts Regarding Section 867 Trusts

    Ronald R. Cresswell, Locke Lord Bissell & Liddell LLP - Dallas, TX
    Commentator:
    Deborah A. Green, Attorney at Law - Austin, TX
    Glenn M. Karisch, The Karisch Law Firm, PLLC - Austin, TX

    How recent statutory changes affect court-created trusts, plus a look at the varying judicial policies with regard to the 867 trust forms in the statutory probate courts.
  • 3:45 pm
    Break

  • 4:00 pm
    0.67 hr
    What Records Your Clients Should Keep: SSI and Medicaid Reporting Compliance

    Barry Ray Browning, Texas Department of Aging and Disability Services - Austin, TX
    Reba Collins, Social Security Administration - Dallas, TX
    Gayle Sandoval, Texas Department of Aging and Disability Services - Austin, TX

    SSI and Medicaid recipients are required to report changes in their circumstances that may affect their eligibility for benefits. SSI and Medicaid reporting responsibilities related to trusts are covered, including what to report, when to report, and what records are needed.
  • 4:40 pm
    0.83 hr
    Agency Panel

    Moderator:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
    Panelists:
    Reba Collins, Social Security Administration - Dallas, TX
    Panelists:
    Beverly Joan Luna, Texas Health and Human Services Commission - Austin, TX
    Panelists:
    Shari L. Nichols, Texas Health and Human Services Commission - Austin, TX
    Panelists:
    John Stockton, Texas Health and Human Services Commission - Austin, TX

    A panel of government experts will address emerging issues arising in such programs as Supplemental Security Income and Medicaid.
  • 5:30 pm
    Adjourn to Sponsored Reception

    Sponsored by Comerica Bank & Trust, N.A.
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Feb. 12, 2010
    Presiding Officer:
    Renee C. Lovelace, Attorney at Law - Dripping Springs, TX
  • 8:00 am
    Conference Room Opens

    Includes continental breakfast sponsored by Wells Fargo-The Private Bank
  • 8:30 am
    0.75 hr
    Pure Liability MSAs: Start to Finish

    Moderator:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
    Panelists:
    Shari M. Scholten, Wells Fargo/The Private Bank - Austin, TX
    Panelists:
    Douglas L. Shaw, Medivest Benefit Advisors, Inc. - Oviedo, FL
    Panelists:
    Scott Lee Stebler, Wells Fargo Bank - Austin, TX

    Protecting eligibility for government benefits is the point of the SNT.  An SNT can be a device to not only protect SSI and Medicaid eligibility but also protect Medicare eligibility by including a Medicare Set Aside allocation when funds arise from a personal injury recovery.  The speakers begin with defining an MSA, explaining why protecting Medicare’s secondary payer status is now required, how a Trust Officer will administer an MSA and the assistance available from the private sector to give all parties comfort that the MSA is properly administered.
  • 9:15 am
    0.75 hr ethics
    Representation Issues and Engagement Agreements

    David J. Reber, Locke Lord Bissell & Liddell, LLP - Dallas, TX

    This presentation focuses on the rules of professional responsibility, the potential ethical issues that arise in representing a client and the main elements to include in an effective engagement agreement for a client who needs a special needs trust.
  • 10:00 am
    Break

  • 10:15 am
    0.50 hr
    Pooled Trusts and the Special Needs Attorney: Why Can't We All Just Get Along?

    Stephen W. Dale, The Dale Law Firm, PC - Walnut Creek, CA

    Some pooled trusts work to integrate SNT attorneys while others offer themselves as an alternative to legal counsel.  The best of all worlds is when pooled trusts and SNT attorneys can integrate their services and outreach.  What can be more effective than an army of attorneys with a strong understanding of the disability rights movement and are ready to be called upon at any time?  This session covers the basics of pooled trusts, how to determine whether a specific pooled trust serves the needs of a specific client and the importance of educating others about the need to utilize experienced attorneys in the process. In addition, ABLE accounts are explored and their possible implications for the use of SNTs.
  • 10:45 am
    0.75 hr
    Strategies for Working with Troublesome SNT Beneficiaries

    Moderator:
    Leo Govoni, The Center for Special Needs Trust Administration, Inc. - Clearwater, FL
    Panelists:
    Leah Cohen, arrangeCARE - Austin, TX
    Panelists:
    Stephen W. Dale, The Dale Law Firm, PC - Walnut Creek, CA
    Panelists:
    Christopher J. Oglesby, The Arc of Texas - Austin, TX

    A special needs trustee is often placed in the difficult position of answering to both the beneficiary and the main tenet of a special needs trust – the  preservation of government benefits. Managing beneficiary expectations while avoiding the accidental loss of critical public benefits is often a complex task. This panel discusses the potential pitfalls of administration and the steps an administer needs to take to successfully manage the trust with a troublesome beneficiary.
  • 11:30 am
    0.75 hr
    Approaches to Life Care Plans and Life Care Planning

    Renee C. Lovelace, Attorney at Law - Dripping Springs, TX
    Wesley E. Wright, Wright Abshire Attorneys - Bellaire, TX

    There is no technical definition of "life care planning" but there is a recognized need to plan more carefully for future events.  This session describes some of the multiple terms and approaches to life care planning that may guide future SNT distributions and impact current SNT drafting.
  • Friday Afternoon, Feb. 12, 2010
    Presiding Officer:
    Nancy Sosa, Encore Trust - Austin, TX
  • LUNCHEON PRESENTATION

    Sponsored by The Center for Special Needs Trust Administration, Inc.
  • 12:15 pm
    Pick up Box Lunch

  • 12:30 pm
    0.75 hr
    Case Law Update

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

    This presentation covers recent cases involving special needs trusts as well as other cases of note.
  • 1:15 pm
    Break

  • 1:30 pm
    0.75 hr
    Dealing with Debt: Options and Resources for the Trustee

    Marilyn G. Miller, Attorney at Law - Dripping Springs, TX
    Nancy Sosa, Encore Trust - Austin, TX

    Increasingly tough economic times cause more stress on the beneficiaries of special needs trusts and their families, leading to hard questions for the trustees.  This session explores some options and resources for the trustee to use in dealing with the beneficiaries' financial problems.
  • 2:15 pm
    0.75 hr
    The Battle between Special Needs Trusts, Qualified Retirement Plans and Tax Rules

    Bradley J. Frigon, Law Offices of Bradley J. Frigon - Englewood, CO

    It may be necessary to use qualified retirement proceeds as a source of funds to pay for the special needs beneficiary’s care. This presentation reviews the applicable qualified retirement plan rules, fiduciary income tax rules that apply to special needs trusts and how they work with third party and first party special needs trusts.
  • 3:00 pm
    1.00 hr ethics
    When Worlds Collide: Oh No You Didn't...What Did You Do to My Government Benefits?

    Deborah A. Green, Attorney at Law - Austin, TX
    Stephen Jody Helman, Osborne, Helman, Knebel & Deleery, LLP - Austin, TX

    Two experienced practitioners explore some common traditional estate planning techniques that may have an impact on your clients’ special needs trusts and their qualification for program benefits.
  • 4:00 pm
    Adjourn

Conference Faculty

Cynthia L. Barrett

Attorney at Law
Portland, OR

Barry Ray Browning

Texas Department of Aging and Disability Services
Austin, TX

Leah Cohen

arrangeCARE
Austin, TX

Reba Collins

Social Security Administration
Dallas, TX

Ronald R. Cresswell

Locke Lord Bissell & Liddell LLP
Dallas, TX

Stephen W. Dale

The Dale Law Firm, PC
Walnut Creek, CA

Randy Drewett

Attorney at Law
Beaumont, TX

H. Clyde Farrell

Attorney at Law
Austin, TX

Bradley J. Frigon

Law Offices of Bradley J. Frigon
Englewood, CO

Leo Govoni

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

Deborah A. Green

Attorney at Law
Austin, TX

Stephen Jody Helman

Osborne, Helman, Knebel & Deleery, LLP
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

Beverly Joan Luna

Texas Health and Human Services Commission
Austin, TX

Pi-Yi Mayo

Attorney at Law
Baytown, TX

Marilyn G. Miller

Attorney at Law
Dripping Springs, TX

Rebecca C. Morgan

Stetson University College of Law
Gulfport, FL

Shari L. Nichols

Texas Health and Human Services Commission
Austin, TX

Christopher J. Oglesby

The 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

Douglas L. Shaw

Medivest Benefit Advisors, Inc.
Oviedo, FL

Patricia F. Sitchler

Schoenbaum, Curphy & Scanlan, PC
San Antonio, TX

Nancy Sosa

Encore Trust
Austin, TX

Scott Lee Stebler

Wells Fargo Bank
Austin, TX

John Stockton

Texas 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

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

Shari M. Scholten

Wells Fargo/The Private Bank
Austin, TX

Nancy Sosa

Encore Trust
Austin, TX

Jill Sutton

Austin, TX

Wesley E. Wright

Wright Abshire Attorneys
Bellaire, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Feb 11-12, 2010 – AT&T Conference Center
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Feb 3, 2010

Add $50 for registrations received after this time

Last day for cancellation (full refund): Feb 5, 2010
Last day for cancellation (partial refund): Feb 8, 2010

$50 processing fee applied

Venue

speaker

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$159.00 good through Jan 11, 2010

Parking Information

Self Parking $5 per day / Valet $10 per day / $14 Valet overnight

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