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


Approved for 16.00 Hours of Certified Financial Planner (CFP) CE

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

2012

Changes and Trends Affecting Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers
Austin Feb 9-10, 2012 AT&T Conference Center
Conference Concluded
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Overview

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!

This program brings together leading professionals in the national SNT field, and offers a great set of take-away materials including sample forms, drafting tips, sample language and resources. Hear directly from key agencies like the Texas Health and Human Services Commission, the Centers for Medicare and Medicaid Services and the Social Security Administration.

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Event Schedule

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

  • Day 1 February 9, 2012
  • Day 2 February 10, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Feb. 9, 2012
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
  • 10:00 am
    Registration Opens
    Includes light refreshments.

  • 10:50 am
    Welcoming Remarks

  • 11:00 am
    0.50 hr
    0.25 hr ethics
    The "Dirty Dozen" Blatant Mistakes in SNTs
    At least twelve actual examples of mistakes made by other attorneys that you won’t want to make when drafting a SNTs for your clients.

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

  • 11:30 am
    1.00 hr
    Drafting SNTs: A Look at the Anatomy of Special Needs Trusts and How to Get Them Right
    This presentation highlights the various building blocks needed when drafting an SNT while discussing the ins and outs of the key things to keep in mind for self-settled, third-party settled, Court-created or Statutory (Section 867, 142, or 1396) Special Needs Trusts.

    Deborah A. Green, Attorney at Law - Austin, TX

  • 12:30 pm
    Lunch On Your Own

  • Thursday Afternoon, Feb. 9, 2012
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
  • 1:45 pm
    0.50 hr
    Family Law SNT Challenges: Drafting for Divorce, Child Support and More
    The strain of raising a special needs child frequently leads to divorce of the parents. This presentation delves into the impact of child support payments, alimony payments and other issues affecting both the administration of an SNT as well as qualification for need-based public benefits.

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

  • 2:15 pm
    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, Farrell & Pak PLLC - Austin, TX
    Christina Lesher, Attorney at Law - Houston, TX

  • 3:00 pm
    0.75 hr
    Distributions in Light of SSI Eligibility: To Give or Not to Give, That Is the Question!
    The presentation includes written answers from the Social Security Administration Dallas Regional Office to posed questions about SSA’s consideration of specific distributions from an SNT and related issues.  The questions and answers are the basis of a discussion of potential funding and distribution requests in light of potential or continued SSI eligibility.

    Moderator:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
    Panelists:
    H. Chuck Bauman III, Brown Bauman & Smith - Tyler, TX
    Panelists:
    Susan Wiesner, Jefferson Bank Trust - San Antonio, TX

  • 3:45 pm
    Break

  • 4:00 pm
    0.75 hr
    Medicare Set-Asides and More
    A brief teleconference presentation followed by structured a question and answer session on Medicare liability set-asides – the law vs. the rumors.

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

  • 4:45 pm
    0.75 hr
    The View from HHSC
    Officials from the Texas Health and Human Services Commission (HHSC) discuss current issues in long-term care Medicaid eligibility.

    Janice Kathleen Anderson, Texas Health and Human Services Commission (HHSC) - Austin, TX
    Beverly Luna, Texas Health and Human Services Commission (HHSC) - Austin, TX

  • 5:30 pm
    Adjourn to Sponsored Reception
    THANK YOU TO OUR RECEPTION SPONSOR

    Comerica Bank & Trust, N.A. 

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Feb. 10, 2012
    Presiding Officer:
    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Trust Administration: The Good, the Bad and the Ugly
    A discussion of some "more common than you think" scenarios that trustees face when administering SNTs, and a look at the language and regulations that can help guide trustees in making challenging decisions.  

    Shari M. Scholten, Wells Fargo-The Private Bank - Austin, TX
    Nancy Sosa, Encore Trust - Austin, TX

  • 9:00 am
    0.50 hr
    Managing Expectations and Personal Responsibility
    Legal concepts so basic to an attorney or trust officer can be as incomprehensible as a foreign language to a trust beneficiary and their family. The SNT attorney and trustee need to be aware of and prepare for the variety of family catastrophes, misunderstandings and unforeseen circumstances that may occur in the life of an SNT beneficiary, including a parent losing a job, a parent falling ill, the threat of foreclosure, the misunderstanding that the trust is not a debit account, and more. This session offers various case studies of family catastrophes, the impact on the beneficiary and trustee, trust administration and possible solutions.

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

  • 9:30 am
    0.75 hr
    0.50 hr ethics
    Staying Out of Trouble: Discretion and Trust Distributions
    The panel addresses examples of beneficiary requests, factors that a trustee may consider in deciding whether or not to make a distribution, legal restrictions on trustees' discretion, and options for grantors to guide a trustee's distributions using different trust terms. The panel discusses how grantors may interview a trustee to determine if the trustee is likely to be a helpful problem solver or a blockade to distributions, the panel members' different views on when trustees should be conservative or flexible, and how beneficiaries can establish cooperative and cost-effective relationships with trustees.

    Moderator:
    Theresa ("Terrie") M. Varnet, Spain, Spain & Varnet P.C. - Chicago, IL
    Panelists:
    Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ
    Panelists:
    Renee C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
    Panelists:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
    Panelists:
    Rick Ybarra, MEMBERS Trust Company at University FCU and A+ FCU - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    0.25 hr ethics
    The Role of the Trustee
    Acting as trustee can be a complicated, confusing, even dangerous undertaking. Representing trustees is not much easier. This session provides both an individual and corporate perspective with pros and cons of each.

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

  • 11:30 am
    Break to Pick up Lunch
    Included in conference registration fee.

  • Friday Afternoon, Feb. 10, 2012
    Presiding Officer:
    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
  • THANK YOU TO OUR LUNCHEON SPONSOR
    Wells Fargo-The Private Bank

  • Luncheon Presentation

  • 11:45 am
    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.

    Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ
    Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

  • 12:30 pm
    Break

  • 12:45 pm
    0.50 hr
    SNTs and Fundraisers: Complexities and Pitfalls
    Tragedy, whether seen on the news or learned from friends, often prompts individuals to shower those in trouble with financial gifts. This session covers the legal requirements for both solicitation of funds and creation of trusts when the source of the funds is primarily through public donations and fundraisers.

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

  • 1:15 pm
    0.75 hr
    Starting and Administering Pooled Trusts
    This presentation discusses the issues and challenges involved in starting and administering a pooled special needs trust. In addition, the presentation covers issues that the special needs trust practitioner might consider when recommending a pooled special needs trust.

    Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA

  • 2:00 pm
    0.75 hr
    0.25 hr ethics
    Managing "Predators": Duties of the Attorney and Trustee
    Behavioral health issues, such as mental illness and/or substance use, can greatly increase the vulnerabilities of individuals with special needs. This panel addresses situations when referrals to behavioral health professionals are recommended, and other ways to protect against malfeasance. In addition, from a trustee’s perspective, the panel discusses how and when to get a court, attorney, or other professional involved to deal with suspected abuse or undue influence.

    Leah Cohen, arrangeCARE - Austin, TX
    Scott Stebler, Wells Fargo Wealth Management - Austin, TX
    Susan A. Stone, Susan Stone And Associates - Rosanky, TX

  • 2:45 pm
    0.75 hr
    Futures Planning Basics: Building a Special Needs Planning Notebook
    Special needs trusts are vital to protecting future options for an individual with disabilities.  But trusts alone will be insufficient when transition costs are high, administration costs are high, resources are insufficient, and other opportunities are lost.  This presentation addresses futures planning that builds upon key resources, timelines, people, documents, and funding when the objective is to maximize lifetime quality of choice options for the beneficiary.  Organizing critical information and planning steps may present an overwhelming challenge, depending on a beneficiary’s advocates and the skills of the trustee, and this presentation proposes building an organizational structure for the component parts by building a special needs planning notebook.

    Renee C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX

  • 3:30 pm
    Adjourn

  • Day 1 February 9, 2012
  • Day 2 February 10, 2012
Download Schedule

Conference Faculty

Janice Kathleen Anderson

Texas Health and Human Services Commission (HHSC)
Austin, TX

H. Chuck Bauman III

Brown Bauman & Smith
Tyler, TX

Leah Cohen

arrangeCARE
Austin, TX

Ronald R. Cresswell

Locke Lord Bissell & Liddell LLP
Dallas, TX

Stephen W. Dale

The Dale Law Firm, PC
Pacheco, CA

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

Christina Lesher

Attorney at Law
Houston, TX

Renee C. Lovelace

The Lovelace Law Firm, P.C.
Austin, TX

Beverly Luna

Texas Health and Human Services Commission (HHSC)
Austin, TX

Rebecca C. Morgan

Stetson University College of Law
Gulfport, FL

Shari M. Scholten

Wells Fargo-The Private Bank
Austin, TX

Patricia F. Sitchler

Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX

Nancy Sosa

Encore Trust
Austin, TX

Sally Stalcup

Centers for Medicare & Medicaid Services
Dallas, TX

Scott Stebler

Wells Fargo Wealth Management
Austin, TX

Susan A. Stone

Susan Stone And Associates
Rosanky, TX

Theresa ("Terrie") M. Varnet

Spain, Spain & Varnet P.C.
Chicago, IL

Susan Wiesner

Jefferson Bank Trust
San Antonio, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Rick Ybarra

MEMBERS Trust Company at University FCU and A+ FCU
Austin, TX

Planning Committee

Renee C. Lovelace—Co-Chair

The Lovelace Law Firm, P.C.
Austin, TX

Patricia F. Sitchler—Co-Chair

Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX

Ashlee Bennett

Texas Bankers Association
Austin, TX

Leah Cohen

arrangeCARE
Austin, TX

Randy Drewett

Attorney at Law
Beaumont, TX

H. Clyde Farrell

Farrell & Pak PLLC
Austin, TX

Deborah A. Green

Attorney at Law
Austin, TX

Pi-Yi Mayo

Law Office of Pi-Yi Mayo
Baytown, TX

Tanya T. Romero

Comerica Bank & Trust, N.A.
Houston, 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 – 11.25 hrs  |  1.50 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 – 11.25 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 – 13.50 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 9-10, 2012 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $435.00 Regular pricing: Feb 1, 2012

$485.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $430.00 Regular pricing: Feb 1, 2012

$480.00 for registrations received after this time

Last day for cancellation (full refund): Feb 3, 2012

$50 processing fee applied after this date

Last day for cancellation: Feb 6, 2012

Venue

speaker

AT&T Conference Center

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

Accommodations

$159.00 good through Jan 9, 2012

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight 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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