2017 Special Needs Trusts eConference

Special Needs Trusts: Decision Tree Analysis (Feb 2017)

Learn how to utilize a decision tree approach to ask and answer key questions concerning a client's need for a special needs trust, and if one is needed, which type of special needs trust is the best choice. 

Originally presented: Feb 2017 Special Needs Trusts

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

Maximizing Public Benefits (Feb 2017)

Review 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. Hear an update on recent SSI developments with a focus on trust policy; and an introduction to other important means tested benefits, including Medicaid waiver programs.

Originally presented: Feb 2017 Special Needs Trusts

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

Ethical Issues in Joint Representation (Feb 2017)

In this interactive presentation, examine the ethical issues that occur with multiple clients. Through hypothetical scenarios, learn how to spot issues and determine a resolution with client identification, conflicts of interest, and clients with diminished capacity.

Originally presented: Feb 2017 Special Needs Trusts

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

Property Code vs. Estates Code: Which is Appropriate When Creating Your SNT? (Feb 2017)

Originally presented: Feb 2017 Special Needs Trusts

Holly J. Gilman, Gilman & Associates, P.C. - Austin, TX

Court Accountings for Trusts Established Under Chapter 1301 of the Texas Estates Code (Feb 2017)

Trusts established under Chapter 1301 of the Texas Estates Code generally require the filing of court accountings “in the same manner and form that is required of a guardian of the estate.” Understand the basic requirements of such accountings, including both annual and final accountings, as well as when to seek court permission in advance for unusual or large disbursements, rather than surprising the court at the time of the accounting. Are there situations where a court accounting is not required on a 1301 Trust? Is the cost and hassle of a court accounting a reason to consider alternatives to a 1301 Trust? And are there things that a trustee can do to make the court accounting process proceed in a cost-efficient and timely manner? 

Originally presented: Feb 2017 Special Needs Trusts

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

Maintaining SSI Eligibility Once the SNT is Created (Feb 2017)

Mission control: We have a trust!  And the beneficiary has certain disabilities. How do you maintain eligibility and still provide quality of life distributions? Explore best practices and strategies for you and your client, including an initial meeting to set goals and control expectations, documenting the file with court orders and agency correspondence regarding payment of subrogation liens, obtaining a copy of the notice of change of circumstance (e.g., existence of a trust) that was filed with the relevant agencies, tips for establishing “safety nets” prior to reporting, sample notice language, potential distributions, and much more.  

Originally presented: Feb 2017 Special Needs Trusts

Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Nancy Sosa, Cadence Bank - Austin, TX

SSA Ethical Rules: Mountains or Molehills (Feb 2017)

Hear a discussion on the Social Security Administration's real-life approach to whether fee approval is needed for preparing SNTs (a molehill) and whether trustees can pay family members to care for their beneficiaries (a mountain).

Originally presented: Feb 2017 Special Needs Trusts

Constance R. Somers, Law Office Of Constance Somers - San Antonio, TX

View from HHSC (Feb 2017)

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

Originally presented: Feb 2017 Special Needs Trusts

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

A HIPAA Compliance Guide (Feb 2017)

Texas House Bill 300 expands the definition of “a covered entity” to any person who comes into possession of protected health information. Review the top issues and problems in previous investigated cases and explore the corrective actions taken to avoid fines and penalties from the Department of Justice and/or the Texas Attorney General’s Office.  

Originally presented: Feb 2017 Special Needs Trusts

Aleida Villarreal, Law Office of Aleida A. Villarreal - San Antonio, TX

Case Law Update (Feb 2017)

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

Originally presented: Feb 2017 Special Needs Trusts

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

Representing Parties in Supported Decision-Making Agreements (Feb 2017)

Hear about practical issues attorneys and individuals face when using the new Supported Decision-Making Agreement as an alternative to guardianship. Learn about the types of clients who have not only signed but used a Supported Decision-Making Agreement (“SDMA”), and in what situations SDMA’s worked or did not work. Explore ideas about using the SDMA to deal with third parties, and what releases may enhance third parties’ cooperation. Review ethical issues, such as identifying the client, determining client capacity, and whether the supporter owes a fiduciary duty toward the individual with disabilities.

Originally presented: Feb 2017 Special Needs Trusts

Tresi Moore Weeks, The Weeks Law Firm - Plano, TX
Richard Lavallo, Disability Rights Texas - Austin, TX

Getting It from the Source: SSA Regional Trust Lead Presentation Regarding SSI Trusts  (Feb 2017)

A discussion with the Regional Trust Lead on the regional centralization of the SSI trust review process, including key players and their roles and the handling of reopenings and appeals. Plus, hear the newest developments in the review of SNTs, including the latest policy clarifications regarding trusts and manual notices, and the 90-day amendment period with a regional chief counsel opinion.  

Originally presented: Feb 2017 Special Needs Trusts

Pi-Yi Mayo, Law Office of Pi-Yi Mayo - Baytown, TX
Amanda Flood, U.S. Social Security Administration - Dallas, TX

Working with SSA Part II: Updates, Practice Tips, and More (Feb 2017)

The Social Security Administration continues to implement changes to its trust review program and controls on the administration of Special Needs Trusts when SSI is involved. Hear tips on communicating with the SSA, the latest policy changes, techniques for avoiding problems, and what we should expect in the future.

Originally presented: Feb 2017 Special Needs Trusts

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

Advising and Distribution Plans (Feb 2017)

Explore how creating a distribution plan for a special needs trust can be a good tool to coordinate the activities of the SNT management team. Discuss the advantages of offering distribution advisement services, which can be a good source of sustainable revenue, and can assist the law firm to better serve the beneficiary in identifying problems before they happen and acting quickly to minimize disruption of benefit eligibility if threatened.

Originally presented: Feb 2017 Special Needs Trusts

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA

Decanting and SNTs (Feb 2017)

The trust instrument actually governing administration in a particular instance may be less than ideal. Whether it is important to add specific “special needs” provisions, or to limit trustee discretion, or to provide for trustee succession—or any of a host of other changes that need to be considered—decanting, trust modification, and trust reform are often helpful concepts to master and apply capably.

Originally presented: Feb 2017 Special Needs Trusts

Robert B. Fleming, Fleming & Curti, PLC - Tucson, AZ

Crowdfunding: Manna from Heaven, or Disaster in the Making? (Feb 2017)

The road to ineligibility is paved with good intentions. Crowdfunding sites (GoFundMe, Indiegogo, Kickstarter, to name a few) gather thousands and even hundreds of thousands of dollars for people in distress, including those with disabilities. What happens when public benefits are involved? How can SNT attorneys pre-plan or crisis plan for beneficiaries—and can SNTs play a role? ABLE accounts? Discuss our latest challenge:  planning for the crowdfunding beneficiary.

Originally presented: Feb 2017 Special Needs Trusts

Mary Alice Jackson, Mary Alice Jackson, P.C. - Austin, TX

ABLE: Practical Applications (Feb 2017)

ABLE Accounts are now available across the country. Through a series of case studies, review the advantages of this new tool and how it can work with a special needs trust, and learn how to use this new tool to better serve the beneficiary and enhance the special needs trust practice. Plus, explore how to partner with disability organizations and provide education in their communities about both ABLE Accounts and special needs trusts. 

Originally presented: Feb 2017 Special Needs Trusts

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA

Transitioning the Adult Disabled Child (Feb 2017)

Understand the use of the Pickle Amendment for an adult disabled child to obtain medicaid benefits.

Originally presented: Feb 2017 Special Needs Trusts

Bryn A. Poland, Law Office of Pi-Yi Mayo - Baytown, TX

Identifying Financial Exploitation (Feb 2017)

Financial scams are getting more sophisticated every year. Strangers, caregivers, and even family members sometimes target the accounts of people with cognitive impairments. Learn how to identify financial exploitation and options to prevent it.

Originally presented: Feb 2017 Special Needs Trusts

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

SNT Modifications and Reformations (Feb 2017)

Discuss the objective of avoiding SNT modifications when possible, the reasons why modifications or reformations promote a trust grantor’s intent, and how an attorney should proceed with the analysis and steps.

Originally presented: Feb 2017 Special Needs Trusts

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