University of Texas School of Law
15th Annual Changes and Trends Affecting
Special Needs Trusts
A Guide for Attorneys, Financial Advisors and Trust Officers
Austin Feb 7-8, 2019 DoubleTree by Hilton Hotel Austin
$525 Individual  |  $575 after Jan 30
PRESENTED BY
The University of Texas School of Law
The Wealth Management and Trust Division of the Texas Bankers Association

EVENT SPONSORS
Frost Wealth Advisors
Cadence Bank, Trust & Wealth Services

SPONSORS
American National Bank of Texas
Bank of Texas
Happy State Bank and Trust Co.
Independent Life
TEAM Risk Management Strategies

EXHIBITORS
Adaptive Driving Access
Colvent Group
Cumberland Trust 
ElderCounsel
Medivest Benefit Advisors
National Care Advisors, LLC
The Arc of Texas Master Pooled Trust
Wells Fargo Bank
 

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

Program Features
The 15th 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:
  • An overview of special needs trusts, including an examination of different types of SNTs—third-party, self-settled, and sole benefit SNTs—and their potential uses and benefits.
  • Case law and legislative updates.
  • A special presentation from the SSA’s Regional Trust Leads with must-have insight on the review process; plus tips on submitting your trust review for approval and avoiding the appeal.
  • Considerations and best practices in working with ABLE programs across the country.
  • Discussion on the increasing importance of preparing Medicaid assessments and appeals, and advice for navigating that process.
  • An examination of trustee obligations and best practices, including an opportunity to ask your questions during an “Ask the Experts” portion of the panel.
  • A variety of other SNT essentials, including trust reformation do’s and don’ts, divorce actions and SNTs, understanding SSI work incentive programs and CLASS, and more.
Earn up to 15.00 hours of Texas MCLE credit, with 3.25 hours of ethics. Plus, interact with program faculty, colleagues, and exhibitors at the Thursday Evening Reception.

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

11/12/18
Schedule

Thursday Morning, Feb. 7, 2019

Presiding Officer:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX

8:00 am
Registration Opens

Includes light refreshments. 

8:35 am
Welcoming Remarks

8:45 am

1.00 hr
0.50 hr ethics

Maximizing Public Benefits

Make note of top tips for establishing and maintaining public benefits, especially SSI, Medicaid, Medicare Savings Programs, Disabled Adult Child; and an update on the latest and greatest recent changes in public benefits.

H. Clyde Farrell, Farrell, Burdett & Johnson PLLC - Austin, TX
Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX

9:45 am

0.75 hr
0.25 hr ethics

Special Needs Trusts Overview and Third-Party SNTs

An overview of Special Needs Trusts, defining the different types of SNTs and explaining how these trusts are used to benefit individuals with disabilities. Special emphasis is given to how Third-Party SNTs are utilized in both lifetime and testamentary estate planning.

Randy Drewett, Attorney at Law - Beaumont, TX

10:30 am
Break

10:45 am

0.75 hr
0.25 hr ethics

Self-Settled SNTs

Balancing the needs and managing the expectations of beneficiaries, courts, trustees, personal injury attorneys, ad litems and beneficiaries’ families, all while meeting the requirements of the Social Security Administration and HHSC can be a monumental task. Gain insight in the complexities of drafting self-settled trusts and navigating the relationships of the parties involved. 

Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX

11:30 am

0.50 hr
0.25 hr ethics

The (c)(2)(B)(iii) Sole Benefit SNT

Discuss what to look for when using this “cousin” of the (d)(4)(A) trust for sanction-free Medicaid transfer planning.

Marilyn G. Miller, Marilyn G Miller, Attorney at Law - Dripping Springs, TX

12:00 pm
Pick Up Lunch

Included in registration. 

Thursday Afternoon, Feb. 7, 2019

Presiding Officer:
Terry Lynn Garrett, The Garrett Law Firm, PLLC - Austin, TX

LUNCHEON PRESENTATION

12:20 pm

0.50 hr

30 More Apps in 30 Minutes

Hear an updated survey of new, useful apps, and tech tips for lawyers, trust officers and caregivers.

Leah Cohen, arrangeCARE - Austin, TX
Michael J. Curran, Michael Curran, PC - Austin, TX

 
12:50 pm
Break

1:05 pm

0.50 hr

Pooled Trusts: A Creative Solution for Thorny Problems

Situations come up where a traditional special needs trust isn’t the best option and Pooled Trusts can provide a beneficial alternative. Not sure if there is a trustee available? Too much for an ABLE account? No viable family members available to serve? Pooled Trusts can serve as a your solution! Learn about the creative solutions The Arc of Texas and other pooled trusts can provide.

Haley D. Greer, The Arc of Texas - Austin, TX

1:35 pm

0.75 hr

Case Law and Legislative Update

An analysis of recent Texas, regional, and national cases involving special needs trusts.

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

2:20 pm

0.50 hr

A View from the HHSC

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
Leslea Tate Pickle, Texas Department of Health and Human Services - Austin, TX

2:50 pm
Break

3:00 pm

1.00 hr

SNT Practitioner and ABLE Programs: Working Together

With many ABLE programs now available across the nation, how does an SNT Practitioner know which one(s) to work with and how to gain the best advantages for you and your client? Hear the perspectives of ABLE experts as they answer questions about the considerations and best practices for SNTs and ABLE plans to work together.

Moderator:
Tresi Weeks, The Weeks Law Firm, PLLC - Plano, TX
Panelists:
Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Linda Fernandez, Texas Comptroller of Public Accounts - Austin, TX
Doug Jackson, STABLE Accounts - Columbus, OH

4:00 pm

0.50 hr

Trust Reformation in Texas:The Do's and Don'ts, Hows and Whys, Whens and When Nots for Trust Reformation. 

Confusion abounds about the differences between trust modification, trust amendment, and trust reformation. Learn about trust reformation, how to do it, and when to do it.

Bryn A. Poland, Mayo & Poland PLLC - Baytown, TX

4:30 pm

1.00 hr

Medicaid Appeals

Medicaid has gone to managed care for medically fragile children and adults over the age of 21. This change in how services are delivered impact how our clients access care, and their ability to qualify medically for the benefits. Hear a discussion of denials based on medical necessity and how practitioners can prepare their clients for assessments and appeals will be reviewed. 

Moderator:
Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX
Panelists:
Peter Thomas Hofer, Disability Rights Texas - Austin, TX
Hannah Mehta, Protect Texas Fragile Kids

5:30 pm
Adjourn to Reception

Thank You to Our Reception Sponsor
Frost Wealth Advisors

Friday Morning, Feb. 8, 2019

Presiding Officer:
Peyton Taylor, Texas Bankers Association - Austin, TX (Invited)

8:00 am
Conference Room Opens

Includes continental breakfast. 

8:15 am

0.75 hr
0.25 hr ethics

Supplemental Security Income: It’s All About Work!

The amount of SSI one receives when working is determined by a formula, and Medicaid continues until a recipient earns significant income.  Understanding the work incentive programs associated with SSI that allow the recipient informed choice about how to manage employment opportunities, SSA disability cash and medical benefits lead to successful employment outcomes.

Sara Kendall, Texas Workforce Commission - Vocational Rehabilitation Division - Austin, TX
Commentator:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX

9:00 am

0.50 hr

The Working Medicaid Waiver Recipient (CLASS)

There are times when an individual may have CLASS but not SSI. Explore the ways to work in the workforce while maintaining CLASS eligibility.

Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX

9:30 am

0.75 hr

A Walk through the POMS: Section by Section Updates

Review and explore how to search for specific issues in the Social Security Administration’s (SSA) Program Operations Manual System (POMS), which is the operational reference used by SSA staff to conduct SSA's daily business. The presentation will also examine the POMS that are specific to special needs trusts, with a special focus on recent revisions that were issued March of 2018.

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX

10:15 am
Break

10:30 am

1.00 hr

SSA Regional Trust Leads Presentation Regarding SSI Trusts

A discussion with the Regional Trust Leads on the regional centralization of the SSI trust review business process, including the effect of updated trust policy on trust reviews. In addition, hear about the types of trust cases that require second-level review, drafting errors, and statistics regarding the number of trust cases SSA processes.

Amanda Flood, U.S. Social Security Administration - Dallas, TX
Dana Marquez, U.S. Social Security Administration - Dallas, TX

11:30 am

0.75 hr

Working with SSA: Tips on How to Avoid the Appeal

Gain tips on how to submit your trust for review so that you can get it approved and avoid a need for an appeal.

Pi-Yi Mayo, Mayo & Poland PLLC - Baytown, TX

12:15 pm
Pick Up Lunch

Included in registration.

Friday Afternoon, Feb. 8, 2019

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

LUNCHEON PRESENTATION

12:35 pm

0.75 hr ethics

Outstanding Debts vs. Medicaid Payback: Does Death Kill the Debt?

Discuss how a trustee should handle a variety of claims, debts, or expenses of the trust, or of the deceased beneficiary, before Medicaid payback. Can a trustee pay for funeral expenses, outstanding caregiving expenses, legal expenses, reimbursements to family members, etc. before reimbursing state Medicaid agencies, or does Medicaid reimbursement trump all?

Scott Stebler, Stebler & Sulak, PLLC - Austin, TX

 
1:20 pm
Break and Vendor Annoucements

1:50 pm

1.00 hr

Divorce Actions and SNTs

Explore what to expect when counseling clients and/or their children with disabilities when parents’ divorce, and when alimony or child support awards place public benefits in jeopardy. What do the courts think? What are the SSA rules?

Mary Alice Jackson, Mary Alice Jackson, P.C. - Austin, TX
Keith D. Maples, Noelke English Maples St. Leger Blair, LLP - Austin, TX

2:50 pm

0.75 hr ethics

SNT Trustee Obligations and Trust Administration Best Practices

Discuss the challenges facing fiduciaries when navigating complex public benefits issues and regulatory oversight. “Best practice” tips that will assist with managing SNT beneficiary expectations while simultaneously limiting professional liability and providing the utmost in service to clients with disabilities will also be provided.

Peter J. Wall, BOK Financial - Denver, CO

3:35 pm

1.00 hr
0.25 hr ethics

Ask the Experts: Trustee Obligations and Administration

Trustees, bring your questions because the experts will be addressing concerns about Trustee obligations and administrations issues while administering a trust.

Moderator:
Nancy Sosa, Cadence Bank - Austin, TX
Panelists:
Haley D. Greer, The Arc of Texas - Austin, TX
Hortencia Villarreal, Texas Regional Bank
Peter J. Wall, BOK Financial - Denver, CO

4:35 pm
Adjourn

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

Faculty

Conference Faculty

Leah Cohen
arrangeCARE
Austin, TX
Michael J. Curran
Michael Curran, PC
Austin, TX
Stephen W. Dale
The Dale Law Firm, PC
Pacheco, CA
Randy Drewett
Attorney at Law
Beaumont, TX
H. Clyde Farrell
Farrell, Burdett & Johnson PLLC
Austin, TX
Linda Fernandez
Texas Comptroller of Public Accounts
Austin, TX
Amanda Flood
U.S. Social Security Administration
Dallas, TX
Haley D. Greer
The Arc of Texas
Austin, TX
Peter Thomas Hofer
Disability Rights Texas
Austin, TX
Doug Jackson
STABLE Accounts
Columbus, OH
Mary Alice Jackson
Mary Alice Jackson, P.C.
Austin, TX
Sara Kendall
Texas Workforce Commission - Vocational Rehabilitation Division
Austin, TX
Christina Lesher
The Law Office of Christina Lesher, PC
Houston, TX
Renée C. Lovelace
The Lovelace Law Firm, P.C.
Austin, TX
Keith D. Maples
Noelke English Maples St. Leger Blair, LLP
Austin, TX
Dana Marquez
U.S. Social Security Administration
Dallas, TX
Pi-Yi Mayo
Mayo & Poland PLLC
Baytown, TX
Hannah Mehta
Protect Texas Fragile Kids
Marilyn G. Miller
Marilyn G Miller, Attorney at Law
Dripping Springs, TX
Rebecca C. Morgan
Stetson University College of Law
Gulfport, FL
Shari L. Nichols
Texas Health and Human Services Commission
Austin, TX
Leslea Tate Pickle
Texas Department of Health and Human Services
Austin, TX
Bryn A. Poland
Mayo & Poland PLLC
Baytown, TX
Elisa Dillard Rainey
Rainey & Rainey, Attorneys at Law LP
Waco, TX
Patricia F. Sitchler
The Law Office of Patricia Flora Sitchler
La Vernia, TX
Nancy Sosa
Cadence Bank
Austin, TX
Scott Stebler
Stebler & Sulak, PLLC
Austin, TX
Hortencia Villarreal
Texas Regional Bank
Peter J. Wall
BOK Financial
Denver, CO
Tresi Weeks
The Weeks Law Firm, PLLC
Plano, TX

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
La Vernia, TX
Joanna Jefferson—Director
The University of Texas School of Law
Austin, 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, Burdett & Johnson PLLC
Austin, TX
Terry Lynn Garrett
The Garrett Law Firm, PLLC
Austin, TX
Haley D. Greer
The Arc of Texas
Austin, TX
Mary Alice Jackson
Mary Alice Jackson, P.C.
Austin, TX
Christina Lesher
The Law Office of Christina Lesher, PC
Houston, TX
Pi-Yi Mayo
Mayo & Poland PLLC
Baytown, TX
Elisa Dillard Rainey
Rainey & Rainey, Attorneys at Law LP
Waco, TX
Nancy Sosa
Cadence Bank
Austin, TX
Peyton Taylor
Texas Bankers Association
Austin, TX
Tresi Weeks
The Weeks Law Firm, PLLC
Plano, TX

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

Credit Information

MCLE Credit

Texas
15.00 hrs  |  3.25 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
15.00 hrs  |  3.25 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
17.50 hrs  |  4.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other States
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

Certified Financial Planner (CFP) – Expected
15.00 hrs
ICB Certified Trust and Financial Advisor (CTFA) – Expected
Additional Information
This conference has been approved by the American Bankers Association (ABA) Institute of Certified Bankers (ICB) 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 an ICB Certification Certificate of Completion at the conference for your records. ICB Members self-report these credits at www.icbmembers.org
National Accounting CPE
18.00 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.nasbaregistry.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. Visit your state’s reporting website for more information or www.nasba.org.
TX Accounting CPE
18.00 hrs
Additional Information
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.  

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

Key Dates

Austin

  • Last day for Individual early registration: Jan 30, 2019
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Feb 1, 2019
  • Last day for cancellation (partial refund): Feb 4, 2019
    $50 processing fee applied

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

Hotel / Venue

Austin

DoubleTree by Hilton Hotel Austin

6505 N Interstate 35
Austin, TX 78752-4346
512-454-3737
800-347-0330 (reservations)
Map

Parking Information

Daily or Overnight Self-parking: $8 
Valet Parking: $18

UT Law CLE

2019 Changes and Trends Affecting Special Needs Trusts

Sponsors