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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
Conference Concluded
Pre-order in eCourse format
When Personal Injury Settlements Meet Special Needs Planning
4.00 hrs | 2.75 hrs ethics
(Contains material from Dec 2018)

Overview

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.

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • 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

  • 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:
    Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
    Panelists:
    Glenn W. Cunningham, Law Offices of Glenn W. Cunningham - San Antonio, TX
    Luke Dow, Luke Dow Law Firm - Austin, 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:
    Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
    Panelists:
    Glenn W. Cunningham, Law Offices of Glenn W. Cunningham - San Antonio, TX
    Luke Dow, Luke Dow Law Firm - Austin, 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:
    Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, 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

  • 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.

    Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
    Nancy Sosa, Cadence Bank - Austin, 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:
    Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, 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
    Nancy Sosa, Cadence Bank - Austin, TX

  • 4:00 pm
    Presentation Concludes

Download Schedule

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

Nancy Sosa

Cadence Bank
Austin, TX

Planning Committee

Elisa Dillard Rainey

Rainey & Rainey, Attorneys at Law LP
Waco, TX

Patricia F. Sitchler

The Law Office of Patricia Flora Sitchler
La Vernia, TX

Credit Info

  • STUDIO WEBCAST
MCLE Credit
Toggle view Texas – 4.50 hrs  |  3.00 hrs Ethics
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 Completion will be emailed to you upon claiming credit. 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.
Toggle view California – 4.50 hrs  |  3.00 hrs Ethics
To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

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.  

MCLE credit is presented based on a 60-minute credit hour.
Toggle view Other States – 4.50 hrs  |  3.00 hrs Ethics
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 to ensure it will qualify for self-reporting your credits.
 
To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim and  certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed. 

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.
MCLE credit is presented based on a 60-minute credit hour.

Key Dates

STUDIO WEBCAST – Nov 13, 2018
Conference Concluded

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