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Presented by
The University of Texas School of Law
The Wealth Management and Trust Division of the
Texas Bankers Association

MAJOR SPONSORS
Comerica Bank & Trust, N.A.
Encore Trust
Wells Fargo-The Private Bank
Conference art
Artwork Details

2011

Changes and Trends Affecting Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers
Austin Jan 27-28, 2011 Omni Austin Hotel at Southpark
Conference Concluded
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Overview

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.

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Event Schedule

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

  • Day 1 January 27, 2011
  • Day 2 January 28, 2011
  • 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
    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.

    Randy Drewett, Attorney at Law - Beaumont, TX

  • 11:30 am
    1.00 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. Includes new POMS requirement of payback to Medicaid upon early termination of SNT.

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

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

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

  • 1:30 pm
    Break

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

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

  • MEDICARE SET-ASIDE ACCOUNTS (MSAs)

  • 2:30 pm
    0.50 hr
    Medicare Set-Asides: The View from CMS
    An overview of the current position of the Centers for Medicare & Medicaid Services (CMS).

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

  • 3:00 pm
    0.75 hr
    Medicare Set-Aside Provisions in SNTs
    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.

    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

  • 3:45 pm
    Break

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

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

  • 4:30 pm
    0.75 hr
    Ask the Experts
    Speakers respond to participants' questions relating to SNT cases in a structured format.

    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

  • 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
    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.

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

  • 9:00 am
    0.75 hr ethics
    Representing Beneficiaries of SNTs
    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.

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

  • 9:45 am
    0.75 hr
    0.25 hr ethics
    Starting (and Staying) on the Right Path: Advising and Monitoring Trustees Effectively
    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.

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

  • 10:30 am
    Break

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

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

  • 11:30 am
    1.00 hr
    0.25 hr ethics
    The Burn Rate: Estimating SNT Depletion Schedules and Preparing for Key Transitions
    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.

    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

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

    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

  • 1:30 pm
    Break

  • 1:45 pm
    0.50 hr
    Social Security Administration: Questions, Answers and Recent Changes
    A representative from the Social Security Administration addresses emerging issues arising in the Supplemental Security Income program.

    Reba Collins, Social Security Administration - Dallas, TX

  • 2:15 pm
    0.75 hr
    Judicial Modification of Special Needs Trusts
    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.

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

  • 3:00 pm
    0.75 hr
    The Ultimate Settlement Secret: The Advantages of 468B Qualified Settlement Funds for SNTs and MSAs
    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.

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

  • 3:45 pm
    Adjourn

  • Day 1 January 27, 2011
  • Day 2 January 28, 2011
Download Schedule

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

  • Austin
MCLE Credit
Toggle view Texas – 12.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law, Tax 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 – 12.00 hrs  |  2.50 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 – Jan 27-28, 2011 – Omni Austin Hotel at Southpark
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $435.00 Regular pricing: Jan 19, 2011

$485.00 for registrations received after this time

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

$50 processing fee applied after this date

Last day for cancellation: Jan 24, 2011

Venue

speaker

Omni Austin Hotel at Southpark

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

Accommodations

$109.00 good through Jan 5, 2011

Parking Information

Complimentary Self-Parking

Our Sponsors

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

  • Comerica Bank & Trust, N. A.

    Comerica Bank & Trust, N. A.
    Comerica Bank & Trust, N.A. is a leading provider of trust and fiduciary services in the US with over 50 years of experience in managing fiduciary business. With offices across the country, Comerica employs a staff of trained professionals dedicated to understanding the Special Needs community. Comerica also offers a full spectrum of other financial services and investment management skills and is one of the few banks that will serve as trustee for a Special Needs Trust. As a disciplined leader, we work closely and efficiently with all power holders to ensure that the complexities of administering a trust are handled seamlessly. www.comerica.com www.comerica.com/vgn-ext-templating/v/index.jsp?vgnextoid=eb5aebe606972010VgnVCM1000004302a8c0RCRD

  • 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/

  • Wells Fargo

    Wells Fargo
    www.wellsfargo.com/theprivatebank/
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