University of Texas School of Law
Conference art
TX Credit Info:
12.00 hrs
1.75 hrs Ethics
TX Specialization:
Estate Planning and Probate Law
Tax Law
More Credit Info

10th Annual Changes and Trends Affecting

Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers

Austin Feb 6-7, 2014 – Marriott Austin North - Round Rock, TX
Conference Concluded

Buy

Also available as: Materials, In-House CLE



PRESENTED BY

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


EVENT SPONSORS
Cadence Bank
Frost Wealth Advisors
Prosperity Bank
Program Features
The 10th Annual Changes and Trends Affecting Special Needs Trusts brings together leading professionals in the SNT field, features the latest updates, and offers a great set of materials including sample forms, drafting tips, sample language and resources.

This year’s program includes:
  • Special Needs Trusts Basics on Thursday morning
  • A look at recent changes to the POMs manual, office policies, and the status of ongoing efforts at the Social Security Administration
  • Trustee Duties and Responsibilities to Beneficiaries of Special Needs Trusts
  • Considerations in choosing a trustee
  • SNT Transition Mechanics
  • The Impact of the Affordable Care Act on SNTs
  • Presentations by key agencies, including the Texas Health and Human Services Commission (HHSC) and the Texas Department of Aging and Disability Services (DADS)
If you work with special needs trusts—or want to learn how to use, draft, fund and administer them—don't miss this program!
Schedule

Thursday Morning, Feb. 6, 2014

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

9:30 am
Registration Opens

Includes light refreshments.

10:25 am
Welcoming Remarks

SPECIAL NEEDS TRUSTS BASICS

10:30 am

1.00 hr

Special Needs Trusts Fundamentals

A walkthrough of the basics—the who, what, where, when and how—of special needs trusts.

Randy Drewett, Attorney at Law - Beaumont, TX
Mary Alice Jackson, Attorney at Law - Austin, TX

11:30 am

0.75 hr
0.50 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; plus 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, The Law Office of Christina Lesher, PC - Houston, TX

 
12:15 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, Feb. 6, 2014

Presiding Officer:
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX

LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor

Prosperity Bank

12:35 pm

0.50 hr

Case Law Update

With a look at recent regional and national cases involving special needs trusts, as well as other cases of note important to all Texas SNT attorneys, this session not only summarizes the impact of the various opinions but offers you practice tips for dealing with (or avoiding) the issue in your practices.

Mary Alice Jackson, Attorney at Law - Austin, TX
Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

 
1:05 pm
Break

1:15 pm

0.75 hr

POMS Update

A look at the latest changes to the Social Security Administration’s POMS manual and how these changes may affect your special needs trust cases.

Nancy Sosa, Cadence Trust - Austin, TX
Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

2:00 pm

0.75 hr

Special Needs Trusts and the Social Security Administration

In addition to the recent POMs updates, the SSA has also made changes to its office policies involving special needs trusts and the SSI program. This presentation covers general tactics for effectively dealing with and communicating with the Social Security Administration, the SSA’s program to establish agency expertise and reviewing continuity, and the status of ongoing and expected future changes.

Neal Winston, Winston Law Group, LLC - Somerville, MA

2:45 pm

0.50 hr

The View from HHSC

A discussion of current issues in long-term care Medicaid eligibility from the Texas Health and Human Services Commission (HHSC).

Shari L. Nichols, Texas Health and Human Services Commission (HHSC) - Austin, TX

3:15 pm
Break

3:30 pm

1.00 hr

Planning for Children with Special Needs Trusts

A look at the array of benefits for children provided by Medicaid programs, including the Community Living Assistance and Support Services (CLASS), Home and Community Services (HCS), and Medically Dependent Children’s Program (MDCP). The eligibility process, the potential to bypass long waiting lists, and consumer-directed services are also discussed.

Moderator:
Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
Panelists:
Patrick Koch, Texas Department of Aging and Disability Services - Austin, TX
Marcia Shultz, Texas Department of Aging and Disability Services - Austin, TX
B. Quincy Thompson, Texas Department of Aging and Disability Services - Austin, TX

4:30 pm

0.75 hr

Housing and Nonprofits as Part of Your SNT

An overview of housing options for people with disabilities, with an emphasis on the role of special needs trusts as used to promote grassroots efforts by nonprofit organizations, advocates, and parents in creating housing with supports.

B. Bailey Liipfert III, Craige Brawley Liipfert & Walker LLP - Winston-Salem, NC

5:15 pm
Adjourn to Reception
Thank You to Our Reception Sponsor

Frost Wealth Advisors

Friday Morning, Feb. 7, 2014

Presiding Officer:
Celeste Embrey, Wealth Management and Trust, a Division of the Texas Bankers Association - Austin, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.50 hr ethics

Setting Attorney Fees

Although we realize there are also business considerations, setting fees is an ethical issue—the Rules require that a fee be reasonable. Examine the ethics rule regarding what is a reasonable fee, the unique issues that come into play when determining fees in a special needs practice, as well as the different fee models appropriate for a special needs practice.

Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

9:00 am

0.50 hr

What to Look for When Choosing a Trustee

This presentation focuses on the factors that should be considered when choosing a trustee of a special needs trust. Which trusts are required to have a corporate fiduciary? Which ones can have either an individual or corporate fiduciary? What questions should be asked when selecting a trustee?

Scott Stebler, Special Needs Trust Group, Wells Fargo Bank, N.A. - Austin, TX

9:30 am

0.75 hr ethics

Trustee Duties and Responsibilities to Beneficiaries of Special Needs Trusts—Texas Style

Take a closer look at the duties and responsibilities expected of Trustees when serving as Trustee of a Texas Special Needs Trust. What does a Trustee need to do to properly use its sole discretion to meet a Beneficiary’s special needs while making decisions in the best interest of the Beneficiary? It isn’t all about the money!

Deborah A. Green, The Law Offices of Deborah Green - Austin, TX

10:15 am
Break

10:30 am

0.50 hr

Structured Settlement Annuities

A basic understanding of structured settlement annuities, including income tax advantages and other benefits for the Trustee; a description of the internal rate of return, plus evaluating guarantee periods and compound annual payment increases; considerations when changing the beneficiary designation on the structure; and potential pitfalls such as overfunding the structure or purchasing a life-only annuity are identified.

Carola Davis, Settlement Partners - New Braunfels, TX

11:00 am

0.50 hr

Decanting under the New Texas Statutes

In 2013, the Texas legislature enacted new decanting statutes which, in some situations, allow a Trustee the power to transfer the trust assets to a new trust that contains different provisions. This presentation provides an overview and introduction to the new Texas decanting statutes and discussion on the utilization of these statues in modifying the terms and conditions of irrevocable trusts, including special needs trusts. Tax issues that arise from decanting and trust modifications are also covered.

David J. Reber, Locke Lord LLP - Dallas, TX

11:30 am

0.75 hr

SNT Transition Mechanics

Changes to a beneficiary’s circumstances change how a trustee administers a special needs trust. This session addresses key transitions due to the retirement, disability, or death of a parent; the beneficiary’s age, such as ages 18 and 22; and marital status or household status.

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

12:15 pm
Pick Up Lunch

Included in registration.

Friday Afternoon, Feb. 7, 2014

Presiding Officer:
Tanya T. Castro, Cadence Bank - Houston, TX

LUNCHEON PRESENTATION

12:35 pm

0.75 hr

Case Studies: Working with the MS Society for Your Clients

Planning for persons with neuromuscular disorders including Multiple Sclerosis—an underserved population that often combines typical estate planning, elder law and special needs trust issues—is rife with case studies for practitioners in these areas of law. This presentation explores the support provided by the MS Society for persons with MS and their families, as well as opportunities for practitioners to partner with the MS Society. A series of typical case studies follows to illustrate the kinds of issues the practitioner is likely to encounter.

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Commentator:
Audrey Metcalf, National Multiple Sclerosis Society - Austin, TX

 
1:20 pm
Break

1:30 pm

0.50 hr

Workers' Compensation and SNTs

Medicare is expanding set-asides to third-party liability claims in addition to set-asides in workers’ compensation claims. There are common law developments in ERISA, Medicaid, and other subrogation interests, as well as a new statute restricting the amount subrogated plans may claim when the tort recovery is insufficient to compensate everyone who wants a share.

Judy Kostura, Judge, Kostura & Putman, P.C. - Austin, TX

2:00 pm

0.50 hr

The Affordable Care Act

A history of the attempts to achieve health care reform in the U.S. and an outline of the basic tenets of the law.

Mary Alice Jackson, Attorney at Law - Austin, TX

2:30 pm

0.75 hr

Do You Still Need an SNT after the Affordable Care Act?

Will the Affordable Care Act replace the need for special needs trusts? And how might it impact your practice in the years ahead? This presentation covers opportunities to use the ACA to expand choices for clients and also takes into consideration scenarios in which the ACA may not offer any benefit in special needs planning.

Pi-Yi Mayo, Law Office of Pi-Yi Mayo - Baytown, TX

3:15 pm
Adjourn

Faculty

Conference Faculty

Stephen W. Dale
The Dale Law Firm, PC
Pacheco, CA
Carola Davis
Settlement Partners
New Braunfels, TX
Randy Drewett
Attorney at Law
Beaumont, TX
H. Clyde Farrell
Farrell & Pak PLLC
Austin, TX
Deborah A. Green
The Law Offices of Deborah Green
Austin, TX
Mary Alice Jackson
Attorney at Law
Austin, TX
Patrick Koch
Texas Department of Aging and Disability Services
Austin, TX
Judy Kostura
Judge, Kostura & Putman, P.C.
Austin, TX
Christina Lesher
The Law Office of Christina Lesher, PC
Houston, TX
B. Bailey Liipfert III
Craige Brawley Liipfert & Walker LLP
Winston-Salem, NC
Renée C. Lovelace
The Lovelace Law Firm, P.C.
Austin, TX
Pi-Yi Mayo
Law Office of Pi-Yi Mayo
Baytown, TX
Audrey Metcalf
National Multiple Sclerosis Society
Austin, TX
Rebecca C. Morgan
Stetson University College of Law
Gulfport, FL
Shari L. Nichols
Texas Health and Human Services Commission (HHSC)
Austin, TX
David J. Reber
Locke Lord LLP
Dallas, TX
Marcia Shultz
Texas Department of Aging and Disability Services
Austin, TX
Patricia F. Sitchler
Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX
Nancy Sosa
Cadence Trust
Austin, TX
Scott Stebler
Special Needs Trust Group, Wells Fargo Bank, N.A.
Austin, TX
B. Quincy Thompson
Texas Department of Aging and Disability Services
Austin, TX
Neal Winston
Winston Law Group, LLC
Somerville, MA
Wesley E. Wright
Wright Abshire, Attorneys
Bellaire, TX

Planning Committee

Renée 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
Tanya T. Castro
Cadence Bank
Houston, TX
Leah Cohen
arrangeCARE
Austin, TX
Stephen W. Dale
The Dale Law Firm, PC
Pacheco, CA
Randy Drewett
Attorney at Law
Beaumont, TX
H. Clyde Farrell
Farrell & Pak PLLC
Austin, TX
Deborah A. Green
The Law Offices of Deborah Green
Austin, TX
Mary Alice Jackson
Attorney at Law
Austin, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
Christina Lesher
The Law Office of Christina Lesher, PC
Houston, TX
Pi-Yi Mayo
Law Office of Pi-Yi Mayo
Baytown, TX
David J. Reber
Locke Lord LLP
Dallas, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
Nancy Sosa
Cadence Trust
Austin, TX
Wesley E. Wright
Wright Abshire, Attorneys
Bellaire, TX
Credit Information

MCLE Credit

Texas
12.00 hrs  |  1.75 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
Additional Information
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.  
California
12.00 hrs  |  1.75 hrs Ethics
Additional Information
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.  
Oklahoma
14.50 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

Certified Financial Planner (CFP)
17.00 hrs
National Accounting CPE
14.00 hrs
Additional Information
The University of Texas School of Law is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.

Delivery Method: Group-Live

To comply with NASBA Standards, attendees claiming CPE credit must sign in to verify attendance for each segment. Attendance sign-in sheets will be available at the registration desk. You will need your CPA license number to sign in. A CPE Certificate of Completion will be provided at the conclusion of the conference.

Reporting: CPAs are responsible for reporting CPE credits earned to their state's accountancy board, and must retain appropriate documentation of their participation in learning activities.
Key Dates

Austin

  • Last day for Individual early registration: Jan 29, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jan 31, 2014
  • Last day for cancellation (partial refund): Feb 3, 2014
    $50 processing fee applied

Hotel / Venue

Austin

Marriott Austin North - Round Rock, TX

2600 La Frontera Boulevard
Round Rock, TX
512.733.6767 (reservations)
Map

Accommodations

$125.95 room rate good through January 24, 2014 (subject to availability).
Reserve your room online.

Parking Information

Complimentary parking.
Sponsors