10^th 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

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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

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Overview

The 10^th 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!

Event Schedule

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

Day 1 February 6, 2014
Day 2 February 7, 2014

Time

Credit

Subject

Speaker
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

Time

Credit

Subject

Speaker
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

Day 1 February 6, 2014
Day 2 February 7, 2014

Download Schedule

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 Info

Austin

MCLE Credit

Texas – 12.00 hrs | 1.75 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 – 12.00 hrs | 1.75 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 – 14.50 hrs | 2.00 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) – 17.00 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/

National Accounting CPE – 14.00 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 6-7, 2014 – Marriott Austin North - Round Rock, TX

Conference Concluded

Buy

Austin

Individual
Last day for $450.00 Regular pricing: Jan 29, 2014

$500.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $405.00 Regular pricing: Jan 29, 2014

$455.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $360.00 Regular pricing: Jan 29, 2014

$410.00 for registrations received after this time

Last day for cancellation (full refund): Jan 31, 2014

$50 processing fee applied after this date

Last day for cancellation: Feb 3, 2014

Venue

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.

Our Sponsors

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

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.
www.cadencebank.com
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 $26 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.
www.frostbank.com
Prosperity Bank

Today, your asset management needs may be quite sophisticated and your beneficiary relationship complex. More than ever, you need an experienced fiduciary. Prosperity Bank can help you achieve your unique goals and create a meaningful legacy.

Generations of families have relied on Prosperity Bank to manage assets and provide property administration. A dedicated team of specialists will get to know you and your specific needs. The personal attention you receive will help you grow and protect your wealth, giving you the peace of mind to focus on what really matters to you.

As trustee, the dedicated administrators at Prosperity Bank will work to meet the needs of your unique family dynamic while helping to maintain integrity and an optimal quality of life for the beneficiary.
www.prosperitybanktx.com

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

Related products: Materials

Overview

Event Schedule

Thursday Morning, Feb. 6, 2014

Thursday Afternoon, Feb. 6, 2014

Friday Morning, Feb. 7, 2014

Friday Afternoon, Feb. 7, 2014

Conference Faculty

Stephen W. Dale

Carola Davis

Randy Drewett

H. Clyde Farrell

Deborah A. Green

Mary Alice Jackson

Patrick Koch

Judy Kostura

Christina Lesher

B. Bailey Liipfert III

Renée C. Lovelace

Pi-Yi Mayo

Audrey Metcalf

Rebecca C. Morgan

Shari L. Nichols

David J. Reber

Marcia Shultz

Patricia F. Sitchler

Nancy Sosa

Scott Stebler

B. Quincy Thompson

Neal Winston

Wesley E. Wright

Planning Committee

Renée C. Lovelace—Co-Chair

Patricia F. Sitchler—Co-Chair

Ashlee Bennett

Tanya T. Castro

Leah Cohen

Stephen W. Dale

Randy Drewett

H. Clyde Farrell

Deborah A. Green

Mary Alice Jackson

Joanna Jefferson

Christina Lesher

Pi-Yi Mayo

David J. Reber

Gregory J. Smith

Nancy Sosa

Wesley E. Wright

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Marriott Austin North - Round Rock, TX

Accommodations

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

10^th Annual Changes and Trends Affecting

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