About

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.

Event Schedule

  • 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

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

    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.
  • 11:30 am
    1.00 hr
    Drafting SNTs: A Look at the Anatomy of Special Needs Trusts and How to Get Them Right

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

    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.
  • 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

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

    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.
  • 2:15 pm
    0.75 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.
  • 3:00 pm
    0.75 hr
    Distributions in Light of SSI Eligibility: To Give or Not to Give, That Is the Question!

    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

    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.
  • 3:45 pm
    Break

  • 4:00 pm
    0.75 hr
    Medicare Set-Asides and More

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

    A brief teleconference presentation followed by structured a question and answer session on Medicare liability set-asides – the law vs. the rumors.
  • 4:45 pm
    0.75 hr
    The View from HHSC

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

    Officials from the Texas Health and Human Services Commission (HHSC) discuss current issues in long-term care Medicaid eligibility.
  • 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

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

    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.  
  • 9:00 am
    0.50 hr
    Managing Expectations and Personal Responsibility

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

    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.
  • 9:30 am
    0.75 hr
    0.50 hr ethics
    Staying Out of Trouble: Discretion and Trust Distributions

    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

    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.
  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    0.25 hr ethics
    The Role of the Trustee

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

    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.
  • 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

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

    A look at recent regional and national cases involving special needs trusts, as well as other cases of note.
  • 12:30 pm
    Break

  • 12:45 pm
    0.50 hr
    SNTs and Fundraisers: Complexities and Pitfalls

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

    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.
  • 1:15 pm
    0.75 hr
    Starting and Administering Pooled Trusts

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

    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.
  • 2:00 pm
    0.75 hr
    0.25 hr ethics
    Managing "Predators": Duties of the Attorney and Trustee

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

    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.
  • 2:45 pm
    0.75 hr
    Futures Planning Basics: Building a Special Needs Planning Notebook

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

    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.
  • 3:30 pm
    Adjourn

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

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 9-10, 2012 – AT&T Conference Center
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Feb 1, 2012

Add $50 for registrations received after this time

Last day for Green Registration - USB Key ONLY early registration: Feb 1, 2012

Add $50 for registrations received after this time

Last day for cancellation (full refund): Feb 3, 2012
Last day for cancellation (partial refund): Feb 6, 2012

$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 9, 2012

Parking Information

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

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