About

This program brings together leading professionals in the SNT field, and offers a great set of take-away materials including sample forms, drafting tips, sample language and resources.

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, Jan. 27, 2011
  • 10:00 am
    Registration Opens

    Includes light refreshments.
  • 10:50 am
    Welcoming Remarks

  • 11:00 am
    0.50 hr
    0.25 hr ethics
    Special Needs Trusts Overview

    Randy Drewett, Attorney at Law - Beaumont, TX

    A look at the purposes and uses of SNTs, including how to spot opportunities to use SNTs, analyze the options available, and understand potential ethical issues.
  • 11:30 am
    1.00 hr
    0.25 hr ethics
    Protecting and Maximizing Public Benefits

    H. Clyde Farrell, Farrell & Pak, PLLC - 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. Includes new POMS requirement of payback to Medicaid upon early termination of SNT.
  • Thursday Afternoon, Jan. 27, 2011
  • 12:30 pm
    Pick up Box Lunch

  • LUNCHEON PRESENTATION

    Sponsored by Wells Fargo-The Private Bank
  • 12:45 pm
    0.75 hr
    Case Law Update

    Mary Alice Icardi Jackson, Boyer & Jackson, P.A. - Austin, TX

    A look at recent regional and national cases involving special needs trusts, as well as other cases of note.
  • 1:30 pm
    Break

  • 1:45 pm
    0.75 hr
    The Top Ten Things to Know About Drafting and Administering SNTs

    Deborah A. Green, Attorney at Law - Austin, TX
    Shari M. Scholten, Wells Fargo-The Private Bank - Austin, TX

    This joint presentation by an attorney and a trustee highlights drafting tips--"what to leave in and what to leave out" of your trust document-- and provides insights on what can sink the ship and tips on how to avoid some unwanted outcomes for trust beneficiaries.
  • MEDICARE SET-ASIDE ACCOUNTS (MSAs)

  • 2:30 pm
    0.50 hr
    Medicare Set-Asides: The View from CMS

    Sally Stalcup, Centers for Medicare & Medicaid Services - Dallas, TX

    An overview of the current position of the Centers for Medicare & Medicaid Services (CMS).
  • 3:00 pm
    0.75 hr
    Medicare Set-Aside Provisions in SNTs

    Moderator:
    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX
    Panelists:
    Douglas L. Shaw, Medivest Benefit Advisors, Inc. - Oviedo, FL
    Panelists:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
    Panelists:
    Sally Stalcup, Centers for Medicare & Medicaid Services - Dallas, TX

    Protecting eligibility for government benefits is a critical goal of most SNTs. An SNT can be a device to not only protect SSI and Medicaid eligibility but also to protect Medicare eligibility by including a Medicare Set-Aside allocation when funds arise from a personal injury recovery. The presentation defines an MSA, explains why protecting Medicare’s secondary payer status must be considered and how a Trustee might administer an MSA including the assistance available from the private sector administrators.
  • 3:45 pm
    Break

  • 4:00 pm
    0.50 hr
    From Setup to Administration: A Trustee's Guide to MSAs in SNTs

    Aimee K. Karr, Wells Fargo Wealth Management - Austin, TX
    Scott Lee Stebler, Wells Fargo Wealth Management - Austin, TX

    This presentation covers the basics, from a trustee’s perspective, of how to set up and administer a general liability Medicare Set-Aside (MSA) account that is associated with a Special Needs Trust. The discussion also includes setting up the MSA as a sub-account, employing professionals to assist with reviewing medical bills, avoiding fee issues, and making appropriate reports to CMS.
  • 4:30 pm
    0.75 hr
    Ask the Experts

    Moderators:
    Renee C. Lovelace, The Lovelace Law Firm, P.C. - Dripping Springs, TX
    Moderators:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
    Panelists:
    Stephen W. Dale, The Dale Law Firm, PC - Walnut Creek, CA
    Panelists:
    H. Clyde Farrell, Farrell & Pak, PLLC - Austin, TX
    Panelists:
    Pi-Yi Mayo, Attorney at Law - Baytown, TX

    Speakers respond to participants' questions relating to SNT cases in a structured format.
  • 5:15 pm
    Adjourn to Reception

    Sponsored by Comerica Bank & Trust, N.A.
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Jan. 28, 2011
    Presiding Officer:
    Renee C. Lovelace, The Lovelace Law Firm, P.C. - Dripping Springs, TX
  • 8:00 am
    Conference Room Opens

    Includes continental breakfast.
  • 8:30 am
    0.50 hr
    Turn Conflict into Collaboration

    Leah Cohen, arrangeCARE - Austin, TX
    Nancy Sosa, Encore Trust - Austin, TX

    In most cases distribution requests between beneficiaries and professionals are resolved in a satisfactory manner.  However, sometimes impasses develop.  This presentation looks at professionals as partners with the beneficiary, rather than as experts, to better understand and resolve some of the disputes.
  • 9:00 am
    0.75 hr ethics
    Representing Beneficiaries of SNTs

    Commentator:
    Glenn M. Karisch, The Karisch Law Firm, PLLC - Austin, TX
    Patricia Tobin, Law Office of Patricia Tobin - San Rafael, CA

    This session discusses the factors and ethical considerations when deciding whether or not to represent a beneficiary. It also considers how to make the representation effective and shares information about clarifying the role of the attorney, representative payee and authorized representative of an SSI claimant.
  • 9:45 am
    0.75 hr
    0.25 hr ethics
    Starting (and Staying) on the Right Path: Advising and Monitoring Trustees Effectively

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

    Whether the trustee is an unsure or cautious corporate trustee, a clueless family member or a well-meaning but overreaching 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? The presenter provides unique insight--both as an attorney and as a trustee--into what trustees must do and how you can help them.
  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    Building Trust Advisory Committees that Work

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

    Incorporating advisory committees in special needs trusts has been a common practice for decades, but in fact most advisory committees don’t function well. This session explores how to structure an advisory committee where the functions of each party are made clear, a chain of command is clear, and timelines are well defined.
  • 11:30 am
    1.00 hr
    0.25 hr ethics
    The Burn Rate: Estimating SNT Depletion Schedules and Preparing for Key Transitions

    Commentators:
    Stephen W. Dale, The Dale Law Firm, PC - Walnut Creek, CA
    Commentators:
    Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ
    Renee C. Lovelace, The Lovelace Law Firm, P.C. - Dripping Springs, TX
    Commentators:
    Patricia Tobin, Law Office of Patricia Tobin - San Rafael, CA

    Few SNTs will have funding that is so substantial that the SNT is able to avoid depletion during a beneficiary’s lifetime. Grantors and trustees may be able to estimate some of the beneficiary’s future needs in order to promote successful high-quality living scenarios, as well as to protect the beneficiary’s options in crises, transitions, and other changes in circumstances.  The presentation addresses whether more costs, risks, and opportunities may be identified with intensive special needs planning and/or life care planning and whether planning in advance may slow the depletion rate in some cases.
  • Friday Afternoon, Jan. 28, 2011
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, PC - San Antonio, TX
  • 12:30 pm
    Pick up Box Lunch

  • LUNCHEON PRESENTATION

  • 12:45 pm
    0.75 hr ethics
    Anticipating the Expected and Unexpected: Ethical Issues in Special Needs Trust Practice

    Commentators:
    Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ
    Commentators:
    Mary Alice Icardi Jackson, Boyer & Jackson, P.A. - Austin, TX
    Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

    This session examines the common ethical issues that occur in an SNT practice and how the ethical rules would apply to such situations.
  • 1:30 pm
    Break

  • 1:45 pm
    0.50 hr
    Social Security Administration: Questions, Answers and Recent Changes

    Reba Collins, Social Security Administration - Dallas, TX

    A representative from the Social Security Administration addresses emerging issues arising in the Supplemental Security Income program.
  • 2:15 pm
    0.75 hr
    Judicial Modification of Special Needs Trusts

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

    This presentation sets forth a step-by-step explanation of the process involved in court amendments of irrevocable SNTs. A discussion of current issues involving judicial modification of trusts is included along with useful sample forms.
  • 3:00 pm
    0.75 hr
    The Ultimate Settlement Secret: The Advantages of 468B Qualified Settlement Funds for SNTs and MSAs

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

    As post-settlement issues become more and more complicated, a Qualified Settlement Fund can provide assistance to both plaintiffs and defendants. These funds provide time to resolve liens, allocation issues, MSAs and SNTs, while preserving the ability to purchase a tax-qualified structure.
  • 3:45 pm
    Adjourn

Conference Faculty

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

Farrell & Pak, PLLC
Austin, TX

Robert B. Fleming

Fleming & Curti, PLC
Tucson, AZ

Deborah A. Green

Attorney at Law
Austin, TX

Mary Alice Icardi Jackson

Boyer & Jackson, P.A.
Austin, TX

Glenn M. Karisch

The Karisch Law Firm, PLLC
Austin, TX

Aimee K. Karr

Wells Fargo Wealth Management
Austin, TX

Christina Lesher

Attorney at Law
Houston, TX

Renee C. Lovelace

The Lovelace Law Firm, P.C.
Dripping Springs, TX

Pi-Yi Mayo

Attorney at Law
Baytown, TX

Rebecca C. Morgan

Stetson University College of Law
Gulfport, FL

David J. Reber

Locke Lord Bissell & Liddell LLP
Dallas, 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

Sally Stalcup

Centers for Medicare & Medicaid Services
Dallas, TX

Scott Lee Stebler

Wells Fargo Wealth Management
Austin, TX

Patricia Tobin

Law Office of Patricia Tobin
San Rafael, CA

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Planning Committee

Renee C. Lovelace—Co-Chair

The Lovelace Law Firm, P.C.
Dripping Springs, TX

Patricia F. Sitchler—Co-Chair

Schoenbaum, Curphy & Scanlan, PC
San Antonio, TX

John Brigance

Texas Bankers Association
Austin, TX

Leah Cohen

arrangeCARE
Austin, TX

Ronald R. Cresswell

Locke Lord Bissell & Liddell LLP
Dallas, TX

H. Clyde Farrell

Farrell & Pak, PLLC
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

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 – Jan 27-28, 2011 – Omni Austin Hotel at Southpark
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Jan 19, 2011

Add $50 for registrations received after this time

Last day for cancellation (full refund): Jan 21, 2011
Last day for cancellation (partial refund): Jan 24, 2011

$50 processing fee applied

Venue

speaker

4140 Governor’s Row
Austin, TX
(512) 448-2222 (reservations)

Accommodations

$109.00 good through Jan 5, 2011

Parking Information

Complimentary Self-Parking

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