University of Texas School of Law
2018
When Personal Injury Settlements Meet Special Needs Planning
A case study of the process to protect potential government benefits following the settlement of a personal injury lawsuit.
STUDIO WEBCAST Nov 13, 2018
$195 Individual

UT Law CLE

2018 When Personal Injury Settlements Meet Special Needs Planning

Program Features
Personal injury settlements may be complicated when your client, and the recipient of those payments, is or could be on public benefits. It is critical to understand the possible loss of SSI and/or Medicaid program benefit eligibility that would stretch the personal injury recovery funds over the beneficiary’s lifetime. Thus, due diligence requires a discussion of the options available to your client through special needs planning. This series walks through the key stages and key players that should be involved when advising a client after a personal injury settlement.

UT Law CLE

2018 When Personal Injury Settlements Meet Special Needs Planning

10/18/18
Schedule

Tuesday Morning, Nov. 13, 2018

10:00 am

1.00 hr
0.75 hr ethics

Introduction, Overview and Understanding the Fundamentals of the Special Needs Trusts and the SNT Attorney's Role

This segment highlights the due diligence each party should consider to understand and explain potential government benefit eligibility to the client who has received a personal injury recovery. Explore the fundamentals of special needs trusts and the use of A.B.L.E. accounts in light of current and potential SSI and Medicaid eligibility. And, from the perspective of the special needs planner, walk through what to expect and what questions are typically asked in the initial consultation with the personal injury attorney.

Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
Moderator:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX

11:00 am
Break

15 minute break

11:15 am

0.75 hr
0.50 hr ethics

Consultation with Personal Injury Attorney and Guardian Ad Litem

In the initial consultation with the personal injury attorney, special needs planner, and in some cases, a guardian ad litem, walk through some key expectations for your case, guidance in identifying public benefits and programs, issues and options when creating special needs trusts, and other questions that should be addressed early in the case.

Moderator:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Panelists:
Glenn W. Cunningham, Law Offices of Glenn W. Cunningham - San Antonio, TX
Luke Dow, Luke Dow Law Firm - Austin, TX
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX

12:00 pm
Break

15 minute break

12:15 pm

0.75 hr
0.50 hr ethics

Consultation with the Personal Injury Attorney, Guardian Ad Litem and Trustee

Identifying a trustee is an important step toward the drafting and administration of a special needs trust. Understand the trustee’s role in trust administration, including what to expect and look for in a trustee, examples of distributions, considerations in making distributions, and possible conflicts.

Moderator:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Panelists:
Glenn W. Cunningham, Law Offices of Glenn W. Cunningham - San Antonio, TX
Luke Dow, Luke Dow Law Firm - Austin, TX
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
Nancy Sosa, Cadence Bank - Austin, TX

1:00 pm
Break

30 minute break

Tuesday Afternoon, Nov. 13, 2018

1:30 pm

0.75 hr
0.50 hr ethics

Consultation with the Personal Injury Attorney, Guardian Ad Litem, and Settlement Annuity Broker

Using a structured settlement in conjunction with a special needs trust introduces additional considerations. Learn what a structured settlement annuity is, and potential the pros and cons of its use.  Plus, explore key aspects of an annuity, including structure and trust funding, naming beneficiaries, potential estate tax issues, and more.

Moderator:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Panelists:
Glenn W. Cunningham, Law Offices of Glenn W. Cunningham - San Antonio, TX
Carola Davis, Davis Settlement Partners - New Braunfels, TX
Luke Dow, Luke Dow Law Firm - Austin, TX
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX

2:15 pm
Break

15-minute break

2:30 pm

0.50 hr

Drafting the Special Needs Trust

Walk through the drafting phase for the special needs trust, including drafting the custom-designed SNT, assisting in creating a pooled SNT, drafting pleadings to establish a court-created SNT, as well as collaborating with the personal injury attorney, guardian ad litem, and trustee for their review.

Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX

3:00 pm
Break

15 minutes break

3:15 pm

0.75 hr ethics

Conclusion and Finalizing Representation

Once the special needs trust has been drafted, it is time to finalize representation and review all documents with each party and with the client. Walk through the final considerations, expectations and necessary steps to close the case file. Plus, hear final thoughts and key take-aways from the perspectives of the personal injury attorney, special needs planner, guardian ad litem, trustee and settlement annuity broker.

Moderator:
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Panelists:
Glenn W. Cunningham, Law Offices of Glenn W. Cunningham - San Antonio, TX
Carola Davis, Davis Settlement Partners - New Braunfels, TX
Luke Dow, Luke Dow Law Firm - Austin, TX
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
Nancy Sosa, Cadence Bank - Austin, TX

4:00 pm
Presentation Concludes

UT Law CLE

2018 When Personal Injury Settlements Meet Special Needs Planning

Faculty

Conference Faculty

Glenn W. Cunningham
Law Offices of Glenn W. Cunningham
San Antonio, TX
Carola Davis
Davis Settlement Partners
New Braunfels, TX
Luke Dow
Luke Dow Law Firm
Austin, 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

Planning Committee

UT Law CLE

2018 When Personal Injury Settlements Meet Special Needs Planning

Credit Information

MCLE Credit

Texas
4.50 hrs  |  3.00 hrs Ethics
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.

UT Law CLE

2018 When Personal Injury Settlements Meet Special Needs Planning

Key Dates

STUDIO WEBCAST

  • Last day for cancellation (full refund): Nov 6, 2018
  • Last day for cancellation (partial refund): Nov 6, 2018
    $0 processing fee applied

UT Law CLE

2018 When Personal Injury Settlements Meet Special Needs Planning

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