12^th Annual Changes and Trends Affecting

Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers

Austin Feb 4-5, 2016 Radisson Hotel and Suites, Austin-Downtown
Conference Concluded

Buy

Related products: eConferences Materials

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

SPONSORS
American National Bank of Texas
TEAM Risk Management Services

WiFi SPONSOR
Cumberland Trust and Investment Company

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Overview

The 12th Annual Changes and Trends Affecting Special Needs Trusts brings together nationally recognized professionals in the SNT field, features the latest updates and hot topics, and offers a great set of materials including sample forms, drafting tips, sample language and resources. This year’s program includes:

A special presentation from the Social Security Administration’s Regional Trust Review Team with must-have insight on the review process and opinions on amending trusts; plus Neal Winston with advice and tips for practitioners in handling the trust review process
Updates on recent Texas legislation, including the possible impacts of new Supported Decision-Making Agreement Act, and exploration of the Texas ABLE Act with Stephen W. Dale
A review of special needs trusts basics, including essential drafting tips and clauses from Craig C. Reaves; and the fundamental rules for protecting you client’s eligibility for SSI and Medicaid
Current issues and trends from the Texas Health and Human Services Commission (HHSC)
Discussion on SNTs and tax planning, as well as a specific guidance on IRAs and SNTs
An exploration of veteran’s benefits and their impact on SNT planning
An in-depth look at the value of consulting with an SNT attorney in winding up PI litigation to preserve benefits and avoid unintended consequences with Patricia F. Sitchler
Earn up to 2.50 hours of ethics, plus network with program faculty and attendees at the Thursday Evening Reception

If you work with special needs trusts—or want to learn how to use, draft, fund and administer them—don't miss this program!

Event Schedule

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

Day 1 February 4, 2016
Day 2 February 5, 2016

Time

Credit

Subject

Speaker
Thursday Morning, Feb. 4, 2016
Presiding Officer:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - San Antonio, TX
9:30 am

Registration Opens

Includes light refreshments.
10:20 am

Welcoming Remarks
10:30 am

1.00 hr

How to Make a Trust a Special Needs Trust

Learn what is required for a trust to be a “special needs trust,” what clauses are important to include in the trust document, and which standard clauses should be left out.

Craig C. Reaves, Reaves Law Firm, P.C. - Kansas City, MO
11:30 am

1.00 hr
0.50 hr ethics

Maximizing Public Benefits

The fundamental rules and professional responsibilities every special needs attorney and trust officer should understand to protect eligibility of a trust beneficiary for SSI and Medicaid; an update on recent SSI developments with a focus on trust policy; and an introduction to other important means‑tested benefits.

H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX
12:30 pm

Pick Up Lunch

Included in registration.
Thursday Afternoon, Feb. 4, 2016
Presiding Officer:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - San Antonio, TX
LUNCHEON PRESENTATION
12:50 pm

0.75 hr

Case Law Update

A review of significant cases from the past year, including trends represented in those cases and suggestions for attorneys working with special needs clients.

Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
1:35 pm

Break
1:50 pm

0.50 hr

Medicaid Planning for Kids

Examine Medicaid benefits available to children with disabilities and to children of needy families, learn planning techniques that can be implemented to protect both types of Medicaid benefits, and evaluate possible trust distributions with a focus on providing the highest quality of life for these little ones.

Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX
2:20 pm

0.50 hr

Texas Health and Human Services Commission Update

A discussion of current issues and trends from the Texas Health and Human Services Commission.

Shari L. Nichols, Texas Health and Human Services Commission - Austin, TX
2:50 pm

0.75 hr
0.25 hr ethics

The 3 As: Accessible, Affordable, and Available Healthcare Resources

Blending choice, private, public, and community resources into obtaining healthcare for our clients continues to be a daunting set of tasks and changes regularly. Explore some examples of the choices clients must make to obtain and maintain their health from the attorney, trustee, and care manager perspectives.

Leah Cohen, arrangeCARE - Austin, TX
Anna María Méndez, Cadence Bank - Austin, TX
Tresi Moore Weeks, The Weeks Law Firm - Plano, TX
3:35 pm

Break
3:45 pm

1.00 hr

Working with SSA and the Regional Trust Reviewer Teams

Hear representatives of SSA’s Regional Trust Reviewer Team walk through the process of Initial Trust Review and subsequent reviews, identify key players and their roles during the process, and take you through the steps to request reopening prior to formal appeal. Plus, gain insight into Regional Counsel Opinions on amending trusts, including some of the most common mistakes reviewers see.

Moderator:
Pi-Yi Mayo, Law Office of Pi-Yi Mayo - Baytown, TX
Amanda Flood, U.S. Social Security Administration - Dallas, TX
Dana Marquez, U.S. Social Security Administration - Dallas, TX
4:45 pm

0.75 hr

Special Needs Trusts and the New SSA Trust Review Procedures

We may have gotten more than expected when we asked the SSA to better train their representatives to review special needs trusts. Old trusts that have previously passed review are now being retroactively rejected, and every detail of the creation, funding, and administration of an old or new trust must pass strict and sometimes redefined SSA policy interpretations for compliance. In addition, the agency is often not telling us why the trusts are rejected nor how they can be cured. Gain insight into the current state of the advocates' concerns, what to expect, and how best to handle the trust review process.

Neal Winston, Winston Law Group, LLC - Somerville, MA
5:30 pm

Adjourn to Sponsored Reception

Time

Credit

Subject

Speaker
Friday Morning, Feb. 5, 2016
Presiding Officer:
Peyton Taylor, Texas Bankers Association - Austin, TX
7:30 am

Conference Room Opens

Includes continental breakfast.
8:00 am

0.50 hr

Supported Decision-Making: What the New Law Could Mean for Your Clients

A look at recently-enacted Texas Estates Code Chapter 1357, the Supported Decision-Making Agreement Act, with a discussion of the potential benefits as well as the possible concerns or risks that the law introduces.

Tresi Moore Weeks, The Weeks Law Firm - Plano, TX
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
8:30 am

0.75 hr

Legislative Update: The New Landscape in Texas

Legislative update, focusing on developments directly affecting trusts and trustees.

Craig Hopper, Hopper Mikeska, PLLC - Austin, TX
9:15 am

0.75 hr

Special Needs Trusts and Tax Planning

Review the income, gift, and estate tax rules that impact first party and third party special needs trusts, paying particular attention to the Grantor Trust income tax rules, qualified disability trust rules, and designating a first and third party SNT as a beneficiary of a qualified retirement account.

Bradley J. Frigon, Law Offices of Bradley J. Frigon - Englewood, CO
10:00 am

0.50 hr
0.25 hr ethics

IRAs and SNTs: From the Ground Up

Easing into tax issues, understand the differences in “designated” and “mere” beneficiaries, as well as SNT options.

Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
10:30 am

Break
10:45 am

0.75 hr

The Texas ABLE Act: What You Need to Know

Explore the ABLE Act with illustrations on useful opportunities to combine this type of savings tool with an SNT. Review the recently passed Texas ABLE Act statute with a focus on the opportunities for SNT practitioners to educate their communities on the need for, and the range of, additional estate planning vehicles. Lastly, in light of the Texas ABLE Act providing SNT practitioners with an unprecedented opportunity to collaborate with key disability organizations in Texas on practical implementation and policy issues, hear from a staff member of one of Texas's largest and oldest cross-disability organizations—available to answer questions and to provide practitioners with guidance and opportunities for disability community involvement.

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Chris Masey, Coalition of Texans with Disabilities - Austin, TX
11:30 am

0.75 hr

Veteran’s Benefits and SNTs

Explore the elaborate system for the award and review of veterans’ benefits under Title 38 of the United States Code and discover how the availability of such benefits ties into planning for the disabled client, including the use of SNTs.

Hon. Robert N. Davis, United States Court of Appeals for Veterans Claims - Washington, DC
12:15 pm

Pick Up Lunch

Included in registration.
Friday Afternoon, Feb. 5, 2016
Presiding Officer:
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
LUNCHEON PRESENTATION
12:35 pm

1.00 hr
0.50 hr ethics

Hindsight is 20/20: Getting Families to Spend More Time Planning Ahead

Denying a request for a distribution is one of the hardest things that counsel and trustees of SNTs deal with regularly. Explore the value of creating a plan (ideally) before the trust is funded—both to manage expectations of the beneficiary and family members, and to avoid unpleasant surprises—and consider strategies for motivating long-term planning for a beneficiary of a third-party trust that will not be funded immediately, usually, in estate planning for the parent(s) of a person with a disability.

Moderator:
Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Panelists:
Matthew J. Badders, Frost Bank - San Antonio, TX
H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
Nancy Sosa, Cadence Bank - Austin, TX
Scott Stebler, Stebler & Sulak, PLLC - Austin, TX
1:35 pm

Break
1:50 pm

1.00 hr

Paying Caregivers

Consider the decisions and details involved when a special needs trust employs caregivers for the beneficiary. Issues discussed include hiring a family member, deciding whether the caregiver is an independent contractor or an employee, withholding of FICA and income taxes, worker's compensation and unemployment taxes, and establishing a formal Caregiver Employment Agreement.

Katherine N. Barr, Sirote & Permutt, P.C. - Birmingham, AL
Scott Stebler, Stebler & Sulak, PLLC - Austin, TX
2:50 pm

0.75 hr

A Key Player in Winding Up Litigation: The SNT Attorney

Understand the value of consulting with an SNT attorney who works with the personal injury attorney and their clients—explaining the breadth of supplemental security income and Medicaid benefits, the value of an SNT, potential Medicare set‑asides, and structured settlement annuities—in order to avoid unintended consequences and potential loss of government benefits.

Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - San Antonio, TX
3:35 pm

1.00 hr ethics

“Yes, I AM Your Client!:" Ethical Issues in SNT Planning

The most important issue for special needs attorneys is not "who is my client," but to recognize "who thinks he is my client." Timing is a key component to the mix. Explore the questions to ask yourself and other parties when accepting a new special needs matter.

Mary Alice Jackson, Mary Alice Jackson, P.C. - Austin, TX
4:35 pm

Adjourn

Day 1 February 4, 2016
Day 2 February 5, 2016

Download Schedule

Conference Faculty

Matthew J. Badders

Frost Bank
San Antonio, TX

Katherine N. Barr

Sirote & Permutt, P.C.
Birmingham, AL

Leah Cohen

arrangeCARE
Austin, TX

Stephen W. Dale

The Dale Law Firm, PC
Pacheco, CA

Hon. Robert N. Davis

United States Court of Appeals for Veterans Claims
Washington, DC

H. Clyde Farrell

Farrell & Pak PLLC
Austin, TX

Amanda Flood

U.S. Social Security Administration
Dallas, TX

Bradley J. Frigon

Law Offices of Bradley J. Frigon
Englewood, CO

Craig Hopper

Hopper Mikeska, PLLC
Austin, TX

Mary Alice Jackson

Mary Alice Jackson, P.C.
Austin, TX

Christina Lesher

The Law Office of Christina Lesher, PC
Houston, TX

Renée C. Lovelace

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

Dana Marquez

U.S. Social Security Administration
Dallas, TX

Chris Masey

Coalition of Texans with Disabilities
Austin, TX

Pi-Yi Mayo

Law Office of Pi-Yi Mayo
Baytown, TX

Anna María Méndez

Cadence Bank
Austin, TX

Rebecca C. Morgan

Stetson University College of Law
Gulfport, FL

Shari L. Nichols

Texas Health and Human Services Commission
Austin, TX

Elisa Dillard Rainey

Rainey & Rainey, Attorneys at Law LP
Waco, TX

Craig C. Reaves

Reaves Law Firm, P.C.
Kansas City, MO

Patricia F. Sitchler

The Law Office of Patricia Flora Sitchler
San Antonio, TX

Nancy Sosa

Cadence Bank
Austin, TX

Scott Stebler

Stebler & Sulak, PLLC
Austin, TX

Tresi Moore Weeks

The Weeks Law Firm
Plano, TX

Neal Winston

Winston Law Group, LLC
Somerville, MA

Planning Committee

Renée C. Lovelace—Co-Chair

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

Patricia F. Sitchler—Co-Chair

The Law Office of Patricia Flora Sitchler
San Antonio, TX

Ashlee Bennett

Texas Bankers Association
Austin, 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

Mary Alice Jackson

Mary Alice Jackson, P.C.
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

Kristen Porter

Kristen Quinney Porter, LLC
New Braunfels, TX

Nancy Sosa

Cadence Bank
Austin, TX

Peyton Taylor

Texas Bankers Association
Austin, TX

Tresi Moore Weeks

The Weeks Law Firm
Plano, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Credit Info

Austin

MCLE Credit

Texas – 14.00 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.

California – 14.00 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.

Oklahoma – 17.00 hrs | 3.00 hrs Ethics

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

Certified Financial Planner (CFP) – 18.00 hrs

This course has been approved for Certified Financial Planner (CFP) credit. UT Law CLE will report your credit for you, but we do require that you claim the credit in your Briefcase and ensure your CFP number is add in your account. Contact us at accreditation@utcle.org if you have additional questions.

You can learn more at: http://www.cfp.net/

ICB Certified Trust and Financial Advisor (CTFA) – Expected – 0.00 hr

This conference has been approved by the American Bankers Association (ABA) for continuing education credits. Credit approvals are based on the relevance of the program to the ICB's certification exam outline. One credit is awarded for every 50 minutes of relevant instruction. You will receive a downloadable Certificate of Completion for your records. Self-report these credits at https://www.aba.com/training-events/certifications/certified-trust-and-fiduciary-advisor/maintain-ctfa.

Attendee Instructions for Submitting ABA CE Credit

» Attendees must self-submit credit by logging into their Certification Dashboard
» Hover over ‘ADD CE CREDIT’ and select ‘APPROVED NON-ABA CE’
» Enter key word(s) from program title or sponsor name(The University of Texas School of Law) and select your program from the search results
» Click ‘Request’ and when page refreshes click ‘Mark Complete’ to finalize submission

National Accounting CPE – 16.50 hrs

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.nasbaregistry.org.

Delivery Method: Group-Live (UT Law CLE is a provider of NASBA Group-Live credit only, which excludes online offerings.

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. Visit your state’s reporting website for more information or www.nasba.org.

Key Dates

Austin – Feb 4-5, 2016 – Radisson Hotel and Suites, Austin-Downtown

Conference Concluded

Buy

Austin

Individual
Last day for $475.00 Regular pricing: Jan 27, 2016

$525.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $430.00 Regular pricing: Jan 27, 2016

$480.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $380.00 Regular pricing: Jan 27, 2016

$430.00 for registrations received after this time

Last day for cancellation (full refund): Jan 29, 2016

$50 processing fee applied after this date

Last day for cancellation: Feb 1, 2016

Venue

Radisson Hotel and Suites, Austin-Downtown

111 E. Cesar Chavez Street
Austin, TX
512.478.9611 (reservations)

Accommodations

$189 room rate good through January 4, 2016 (subject to availability).
Reserve your room online.

Parking Information

Daily Self-Parking: $3
Overnight Self-Parking: $8
Daily Valet Parking: $26

Our Sponsors

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

Frost Wealth Advisors

Frost has a team of professionals who work together towards a common goal: to help you achieve financial security. Today the Frost Wealth Advisors are responsible for more than $30 billion in assets of individuals, families, businesses and non-profit institutions. You can count on us for investment management, trust administration, estate and financial planning, real estate, oil and gas management, retirement plan management, tax planning and wealth management. Frost has built a legacy of involvement with the communities it serves, especially with the organizations that provide for the betterment of the community. In fact, we have a dedicated group of specialists in our Public Finance Division who understand the specialized financing, treasury, investment and insurance needs of Texas governmental and non-profit institutions including educational, religious and healthcare organizations.
frostbank.com
Cadence Bank

Cadence Bank’s Trust Services Division, formerly Encore Trust, has been serving the trust and wealth management needs of clients in Texas for more than 50 years, and today manages approximately $1.5 billion in assets. Whether building, managing or transitioning your assets, our talented trust professionals can help you at every stage. Averaging 20 years’ experience each, our administrative team can advise you on investment services, estate and trust development and administration, and fiduciary services, both knowledgeably and efficiently. Personal service is the hallmark of every relationship we develop, and we remain steadfast on helping you achieve your financial goals. Cadence Trust has two locations in Houston, as well as full-service offices in Austin and Dallas.
cadencebank.com
American National Bank of Texas

At American National Bank of Texas, our values have served us well since 1875. Doing the right thing for our customers and employees is at the core of everything we do. In 1926 we expanded to include Trust Services, to meet the changing needs of our clients. Our Trust Department is filled with seasoned financial professionals who seek to build lifelong partnerships with our clients and their families. The only way to get to know a Trust Department is to spend time with its people – and our customers enjoy the personal relationships and attention we provide. Our approach to trust administration is especially well suited to Special Needs Trust beneficiaries and their families. We are dedicated to providing the additional time and expertise necessary to fully understand and meet the needs of our beneficiaries throughout their lifetimes. We serve throughout the state of Texas, and look forward to working with you!
anbtx.com
Cumberland Trust and Investment Company

Founded in 2001, Cumberland Trust is an independent trust company that allows clients to retain their own investment advisors. We have provided professional, comprehensive trust and estate administration services for more than a decade and have been named executor and/or trustee by many families searching for an alternative to naming a family member. Our business has been built on the principles of providing excellent service and a personal approach to trust and estate administration. Our team of caring, committed professionals has vast experience in all aspects of trust and estate administration. We offer an extensive range of personalized, confidential services to help you preserve, protect and plan for the future. We invite you to put your trust with us.
cumberlandtrust.com
TEAM Risk Management Strategies

TEAM Risk Management Strategies provides fiduciaries with risk mitigation services by eliminating employer liability for trusts which employ caregivers or other employees on behalf of trust beneficiaries. As the employer of record, TEAM provides a seamless solution to address the hassles of employee administration and protect the trust from employment-related risk. In addition to handling payroll processing, TEAM manages all record keeping and tax reporting and provides full-service access to Human Resources experts to support beneficiary needs and manage employee relations. To ensure that the assets of the trust are protected, TEAM becomes the employer of record and provides comprehensive workplace insurance and liability coverage, as well as compliance with ever-changing employment law. TEAM serves over 100 bank and trust companies and employs thousands of people in all 50 states.

team-risk.com

12th Annual Changes and Trends Affecting

Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers

Austin Feb 4-5, 2016 Radisson Hotel and Suites, Austin-Downtown Conference Concluded

Buy

Related products: eConferences Materials

Overview

Event Schedule

Thursday Morning, Feb. 4, 2016

Thursday Afternoon, Feb. 4, 2016

Friday Morning, Feb. 5, 2016

Friday Afternoon, Feb. 5, 2016

Conference Faculty

Matthew J. Badders

Katherine N. Barr

Leah Cohen

Stephen W. Dale

Hon. Robert N. Davis

H. Clyde Farrell

Amanda Flood

Bradley J. Frigon

Craig Hopper

Mary Alice Jackson

Christina Lesher

Renée C. Lovelace

Dana Marquez

Chris Masey

Pi-Yi Mayo

Anna María Méndez

Rebecca C. Morgan

Shari L. Nichols

Elisa Dillard Rainey

Craig C. Reaves

Patricia F. Sitchler

Nancy Sosa

Scott Stebler

Tresi Moore Weeks

Neal Winston

Planning Committee

Renée C. Lovelace—Co-Chair

Patricia F. Sitchler—Co-Chair

Ashlee Bennett

Leah Cohen

Stephen W. Dale

Randy Drewett

H. Clyde Farrell

Mary Alice Jackson

Joanna Jefferson

Christina Lesher

Pi-Yi Mayo

Kristen Porter

Nancy Sosa

Peyton Taylor

Tresi Moore Weeks

Wesley E. Wright

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Radisson Hotel and Suites, Austin-Downtown

Accommodations

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

12^th Annual Changes and Trends Affecting

Austin Feb 4-5, 2016 Radisson Hotel and Suites, Austin-Downtown
Conference Concluded