Stetson University

2012 Special Needs Trusts - ARCHIVE

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Oct. 17-19, 2012
Loews Don CeSar Hotel
St. Pete Beach, Fla.

Now in its 14th year, the National Conference will provide an in-depth review of major issues presented in the creation, administration and monitoring of special needs trusts. The conference offers excellent speakers on basic and advanced topics for a variety of professionals who work in the field.

The Pre-Conferences (Wednesday, Oct. 17, 2012)
This year's conference offers two pre-conferences. One pre-conference will focus on the technology and social media issues faced by attorneys and their staff. The other pre-conference will focus on issues for pooled trust administrators, attorneys and those who work with pooled trustees.

The Conference (Oct. 18-19, 2012)
The National Conference is hosting a two-day main conference offering excellent speakers and support materials on basic and advanced topics for a variety of professionals who work in the field.

» Registration

» Program


Thank you to our sponsors:

Platinum:

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Gold:

Family Network on Disabilities logo


NYSARC Trust Services logo



Pre-Conference: Law Office Management
What Attorneys and Staff Need to Know About Law Office Technology
Wednesday, Oct. 17, 2012

A program for the staff of a law office and the attorneys who work with them.

7:30 a.m. - 6:00 p.m., Buena Vista (Fifth Level)
Registration Desk Open

7:30 a.m. - 9:30 a.m., King Charles (Fifth Level)
Continental Breakfast and Visit Sponsors & Exhibitors

8:55 a.m. - 9:00 a.m., South Terrace (Fifth Level)
Welcome and Announcements
Rebecca C. Morgan

9:00 a.m. - 9:50 a.m., South Terrace (Fifth Level)
What to Know When Dealing With, or Disposing of Technology
Jerry R. Sullenberger
When technology is used in a law office, it is important to remember that confidentiality can be compromised by unintentional dissemination of data stored on hard drives, metadata in documents, and more. This session will cover the practical and business issues when dealing with or disposing of technology.

9:50 a.m. - 10:40 a.m., South Terrace (Fifth Level)
Ethical Issues in Using Technology and Social Media
Roberta K. Flowers
This session will examine the ethical issues when attorneys or staff use technology, whether to communicate or to advertise. Topics will include using cell phones for communication, web pages, Twitter and social networking sites, and emailing bills through third party providers.

10:40 a.m. - 11:00 a.m., King Charles (Fifth Level) 
Break and Visit with Sponsors & Exhibitors

11:00 a.m. - 12:00 p.m., South Terrace (Fifth Level)
What Law Office Staff Need to Know about Using Social Media in/for the Law Office
Dean Susan Demers
This session will discuss what law office staff need to know about using social media for the law office, as advertising, to inform clients, or to recruit new clients. This session will also cover staff using social media for personal use while at the office and with company equipment, including the privacy and confidentiality issues that arise from doing so.

12:00 p.m. - 1:00 p.m., King Charles (Fifth Level)
Lunch

1:00 p.m. - 2:00 p.m., South Terrace (Fifth Level)
The Firm's Digital Assets - How to Protect Them, How to Value Them, What to Do with Them
Jason L. Turner
There are many benefits to law firms shifting to a paperless office in the age of the "cloud," but there are also many security concerns as well. This session will cover what a "digital asset" is, issues to be aware of with respect to client confidentiality, and ways that law firms can implement safeguards against cyber-attacks and security breaches and how a firm's digital assets differ from those of a client.

2:00 p.m. - 3:00 p.m., South Terrace (Fifth Level)
Developing Written Policies for All Sorts of Things in the Law Office
Shirley B. Whitenack
This session will cover the variety of policies a firm needs, not only the more expected policies on vacation, personal time, mileage reimbursement, dress code, client interaction, property management, etc. but will also discuss the need for and drafting policies that address internet and social media use in the office, use of work cell phones, accessing work files off site, using company equipment outside of the office and more.

3:00 p.m. - 3:20 p.m., King Charles (Fifth Level)
Casey's Cookies Break and Visit with Sponsors & Exhibitors

3:20 p.m. - 4:30 p.m., South Terrace (Fifth Level)
Use of Assistive Technology for People with Disabilities
Nancy Mashberg
This session will provide an overview of the Florida Alliance for Assistive Services and Technology (FAAST) and discuss different types of assistive technology to be considered in long term planning for clients.

5:00 p.m. - 6:00 p.m., King Charles (Fifth Level)
Reception  



Pre-Conference: Hot Topics About Pooled Trusts
Wednesday, Oct. 17, 2012

A program for Pooled Trust administrators, attorneys and others who work with Pooled Trusts.

7:30 a.m. - 6:00 p.m., Buena Vista (Fifth Level)
Registration Desk Open

7:30 a.m. - 9:30 a.m., King Charles (Fifth Level)
Continental Breakfast and Visit Sponsors & Exhibitors

9:30 a.m. - 9:40 a.m., North Terrace (Fifth Level) 
Welcome and Announcements
Rebecca C. Morgan

9:40 a.m. - 10:30 p.m., North Terrace (Fifth Level) 
Breaking News -- Recent Developments For, About, or Affecting Pooled Trusts
Neal A. Winston
This session will look at recent cases, agency actions, statutes and more that impact use of pooled trusts.

10:30 a.m. - 12-to-15 a.m., North Terrace (Fifth Level) 
Decision-Making for a Pooled SNT--Part One: Creating a Decision Tree for SNT Distributions
Barbara Helm and Kerry Tedford-Coles
A trustee makes decisions day in, day out about distributions-what to approve, what to deny. This session will discuss creating a decision tree for use in making decisions about distributions.

12-to-15 a.m. - 12:00 p.m., North Terrace (Fifth Level) 
Decision-Making for a Pooled SNT - Part Two: Using a Decision Tree for SNT Distributions: Dealing with Clients & Attorneys
Stephen W. Dale and Heidi J. Flatt
This session will look at using a decision-tree for making decisions, and how to deal with challenging clients and persistent attorneys.

12:00 p.m. - 1:00 p.m., King Charles (Fifth Level)
Lunch

1:00 p.m. - 2:00 p.m., North Terrace (Fifth Level) 
HUD Programs, Admission and Policies
Chung-yiu "Andrew" Lee
This session will provide an overview of the HUD assisted housing programs, their funding, admission criteria and HUD policies that most typically apply to beneficiaries.

2:00 p.m. - 3:00 p.m., North Terrace (Fifth Level) 
Creating an Investment Policy: Challenges and Considerations for Trustees of Pooled Special Needs Trusts
Heidi J. Flatt and Edward V. Wilcenski
This session will address the development of investment plans which are tailored to the objectives and characteristics of various types of pooled special needs trusts.

3:00 p.m. - 3:15 p.m. King Charles (Fifth Level)
Casey's Cookies Break and Visit with Sponsors & Exhibitors
 
3:15 p.m. - 4:15 p.m., North Terrace (Fifth Level) 
Pooled Trusts Meet Subsidized Housing: Understanding How SNTs are Treated In the World of HUD Housing
Stuart D. Zimring
This session will review some of the current issues that trustees face when dealing with HUD housing for beneficiaries and offer suggestions for advocacy when facing adverse decisions.

4:15 p.m. - 5:00 p.m., North Terrace (Fifth Level) 
Developing Best Practices for Pooled Trustees
Stephen W. Dale, Heidi J. Flatt, Barbara Helm, Kerry Tedford-Coles and Stuart D. Zimring
This panel of the day's speakers will offer their suggestions for developing best practices for pooled trustees.

5:00 p.m. - 5:30 p.m., North Terrace (Fifth Level) 
Roundtable Discussions
Join some of the day's speakers as they facilitate roundtable discussions of some of the hot topics facing Pooled Trusts.

5:30 p.m. - 6:00 p.m., King Charles (Fifth Level)
Reception


The Basics of Special Needs Trusts
Thursday, Oct. 18, 2012

7:30 a.m. - 6:00 p.m., Buena Vista (Fifth Level)
Registration Desk Open

7:30 a.m. - 8:30 a.m., King Charles (Fifth Level)
Continental Breakfast and Visit Sponsors & Exhibitors

8:30 a.m. - 8:40 a.m., Grand Ballroom (First Level)
Welcome and Announcements
Rebecca C. Morgan

8:40 a.m. - 9:40 a.m., Grand Ballroom (First Level)
Five Things You Need to Know About Drafting and a (d)(4)(A) SNT
Craig C. Reaves
There are many items you need to be aware of and keep in mind when designing and drafting a self-settled (d)(4)(A) special needs trust. This session will highlight five of the important ones.

9:40 a.m. - 10:05 a.m., Grand Ballroom (First Level)
What You Need to Know About Choosing and Using a (d)(4)(C) Pooled SNT
Mary E. O'Byrne
The federal statute explains the criteria to create a (d)(4)(C). There are often more than one pooled trust in a state, so this session will focus on tips for picking which pooled trust and when to use one.

10:05 a.m. - 10:30 a.m., King Charles (Fifth Level) 
Break and Visit with Sponsors & Exhibitor
Sponsored by Family Network on Disabilities

10:30 a.m. - 11:20 a.m., Grand Ballroom (First Level)
Five Things You Need to Know about Drafting and Using a Third Party SNT
Jefferey M. Yussman
A third party SNT is different in many ways than a first party SNT. This session will highlight the differences, focusing on the five things you need to know about drafting one and using it, including drafting for maximum flexibility to anticipate what you can't realistically anticipate.

11:20 a.m. - 12:15 p.m., Grand Ballroom (First Level)
Fundamental Duties of Trustees - and Where Trustees Go Wrong
Lee-Ford Tritt
The central feature of the Anglo-American trust form is the bifurcation of property rights--the trustee holds legal title to the trust property while the beneficiary possesses the equitable interests in the trust property. Therefore, by splitting the legal and equitable ownership of property, the trustee has management or administrative authority over trust assets but the beneficiaries bear the consequences of the trustee's administrative decisions. To safeguard the beneficiaries against mismanagement or misappropriation by the trustee, the trustee is held to a fiduciary standard of conduct--or, more simply, fiduciary duties. This session will review the foundational duties of a trustee--the duty of loyalty, the duty of prudence, the duty to be impartial and the duty to inform and account. The session will also discuss the major trustee pitfalls that may result in a breach of one or more of these duties, review some basic measures that a trustee should take in order to avoid these mistakes, and quickly review some alternatives to trusts for elder law planning purposes(such as durable power of attorneys, etc.).

12:15 p.m. - 1:30 p.m. Pavilion West (Poolside) 
Networking Lunch

1:30 p.m. - 2:30 p.m.
Breakout Sessions
How SSI Relates to SNTs,
South Terrace (Fifth Level)
Mary E. O'Byrne
An improperly drafted special needs trust, whether first or third party can have a devastating effect on eligibility for SSI, Medicaid or other public benefits.  This session will provide an overview of the eligibility requirements for SSI, and discuss how to draft a special needs trust to comply with federal regulations, including the sole benefit rules.

Goal-Based Investing and Management of the SNT - Different Investment Models & the Prudent Investor Rule, North Terrace (Fifth Level) 
Robert B. Fleming
Consider your SNT beneficiary's needs and resources in making investment decisions. Analyze the likelihood that the SNT assets will outlive the beneficiary, and take Social Security and other resources into consideration when determining risk capacity. But remember: your investment decisions will ultimately be judged by the yardstick provided by the Prudent Investor Rule.

The Sole Benefit Trust - The "Forgotten" Trust, Del Prado (Fifth Level)
Howard S. Krooks
This session will review the requirements that must be satisfied in order to create a valid "sole benefit trust", a type of third party supplemental needs trust that protects the assets contained in the trust from being countable resources for government benefits purposes for the beneficiary who is disabled. The session will review how the sole benefit trust achieves the further objective of avoiding the imposition of a penalty period for the grantor, who also may need to apply for government benefits in the near future.

2:30 p.m. - 2:50 p.m., King Charles (Fifth Level)
Break and Visit with Sponsors and Exhibitors
Sponsored by NYSAR

2:50 p.m. - 3:50 p.m.
Breakout Sessions
Focus on SNTs: Checklists to Keep You on Track, South Terrace (Fifth Level)
Mary Alice Jackson
Know what you are doing, when, why and how. From drafting to termination of a special needs trust, there are dozens of basic details to track. Checklists provide organization and oversight which can keep the practitioner from letting the train run off the track. This session will discuss what items to include in your checklist from intake to retaining other professionals, tax issues, POMS changes and termination issues.

The SNT as the Beneficiary of Retirement Plans - Issues and Solutions, North Terrace (Fifth Level)
Dennis M. Sandoval
Special planning is needed to avoid having accelerated distributions from a retirement plan paid to a third party special needs trust. This session will review the IRS Regulations and give examples of how to draft a special needs trust in order to achieve maximum stretch-out payments in this situation.

How to Pick the Trustee, Del Prado (Fifth Level)
Edward V. Wilcenski
Should the trustee be a professional or a family member? Which family member? Which professional trustee? Picking the trustee plays an important role in the success of the SNT and achieving the best interest of the beneficiary. This session will cover the critical considerations in picking the trustee.

3:55 p.m. - 4:55 p.m.
Breakout Sessions
Marketing the Special Needs Practice - 5 tips in 60 minutes, South Terrace (Fifth Level)
Stephen W. Dale, Mary Alice Jackson, Howard S. Krooks, Vincent J. Russo and Jefferey M. Yussman
The speakers for this session will each discuss their favorite tip for marking a Special Needs Practice. Learn five marketing tips from these nationally recognized SNT attorneys!

What Trustees Need to Know about Insurance and What Is Insurable, North Terrace (Fifth Level)
Thomas F. Brink
This session will discuss what is an insurable interest, what a trustee can insure, what a trustee should insure and how a trustee can weigh risk.

The ABCs of the IRC for SNTs - Foundational Tax Issues for SNTs, Del Prado (Fifth Level)
Bradley J. Frigon
This session will cover the basic income tax rules that apply to first party and third party SNTs in a clear, understandable and practical way!

5:00 p.m. - 6:00 p.m. King Charles (Fifth Level)

Reception 
Sponsored by Lowes Don CeSar Hotel 



Special Needs Trusts
Friday, Oct. 19, 2012

7:00 a.m. - 7:45 a.m., Fifth Level Lobby
Tai Chi

7:30 a.m. - 5:00 p.m., Buena Vista (Fifth Level)
Registration Desk Open

7:30 a.m. - 8:15 a.m., King Charles (Fifth Level)
Continental Breakfast and Visit Sponsors & Exhibitors

8:15 a.m. - 8:25 a.m., Grand Ballroom (First Level)
Welcome and Announcements
Rebecca C. Morgan

8:25 a.m. - 9:25 a.m., Grand Ballroom (First Level)
Update from Social Security
Eric R. Skidmore (by video conference)
This session will provide an update from the SSA by Eric Skidmore, team supervisor of Deeming, Income, Resources and State Supplementation Team with the Office of SSI and Representative Payee Policy.

9:30 a.m. - 10:20 a.m., Grand Ballroom (First Level)
The ACA, the Supreme Court and Where Do We Go From Here?
Ronald S. Honberg
There are many provisions of the Affordable Care Act that may impact a SNT beneficiary, including Medicaid expansion, elimination of the pre-existing exclusion, the ability of a parent to keep a child on the parent's health insurance until a child turns 26, and the implementation of state health insurance exchanges. The Supreme Court's decision about the ACA will impact the availability of health care for beneficiaries. This session will look at the impact of the Supreme Court's decision on people living with disabilities and discuss where we go from here.

10:20 a.m. - 10:45 a.m., King Charles (Fifth Level)
Break and Visit with Sponsors and Exhibitors
Sponsored by TEAM

10:45 a.m. - 11:35 a.m.
Breakout Sessions 
Qualified Settlement Funds: Uncovering Some Hidden Dangers, South Terrace (Fifth Level)
Pi Yi Mayo and Bryn Poland
Tips and tricks on drafting and administering a QSF. Learn the provisions
every QSF should include and discover why including them will make a difference for your practice.

It's All About the Details: Jurisdiction, Venue, Governing Law - Where Do You Challenge a Trust or Trustee?, North Terrace (Fifth Level)
David M. English
Sometimes it is necessary to challenge either the trust or the trustee. When that occurs, it is important to recognize the fundamental issues for litigation---jurisdiction, venue and the governing laws. This session will look at the situs of a trust, what court has jurisdiction and how to decide where to file a challenge.

Making SNTs Operate Successfully for the Benefit of the Beneficiary, Del Prado (Fifth Level)
Michael Gilfix
Drafting a Special Needs Trust is a great beginning, but only a beginning. This session will discuss drafting ideas and practical "real life" approaches to enhance the effectiveness and operation of a funded SNT.

11:40 a.m. - 12:30 p.m.
Breakout Sessions
Planning and Implementing Seamless Transitions for Caregivers and Trustees, South Terrace (Fifth Level)
Dennis M. Sandoval
It is not unusual for a beneficiary to outlive a caregiver or a trustee. It is important to plan ahead to transition when that happens and how to make such transition seamless, minimizing the impact, emotional or financial, on the beneficiary.

Medicare Set Aside (MSA) Update and Medicare Secondary Payer (MSP) Case Law Update, North Terrace (Fifth Level)
Bradley J. Frigon
MSAs are always a hot topic for attorneys and trustees. This session will discuss their history and latest announcements from CMS.

Defending the SNT - Issues in Litigation, Del Prado (Fifth Level)
William J. Browning
New challenges to SNTS--recent cases may be an incentive for CMS and state Medicaid agencies to increase challenges on SNTs. This session will look at issues that arise when an SNT is challenged, including initial challenges after an application is filed as well as recovery efforts after the beneficiary dies.

12:30 p.m. - 1:30 p.m. Pavilion West (Poolside)
Networking Lunch

1:30 p.m. - 2:20 p.m.
Breakout Sessions
When the SSA Counts a SNT as a Resource for SSI and What to Do, South Terrace (Fifth Level)
Neal A. Winston
This session will examine the more common reasons and trends why SSI turns down a (d)(4)(A) or third party SNT and how to find the reason, fix the trust, and appeal the decision.

Transparency vs. Beneficiary Privacy in SNT Administration, North Terrace (Fifth Level)
Renee C. Lovelace
What should a trustee do when a primary beneficiary asks for information about expenditures, investments, or other trust administration? What if the inquiry is from a remainder beneficiary, family member, advocate, professional provider, or vendor? How are the trustee's duties of disclosure and protecting beneficiaries viewed in fiduciary litigation when trustee seeks to protect another beneficiary's sensitive personal information? This session will examine these questions as well as others, the applicable laws, the impact of the UTC, and special considerations for electronic data in discussing how transparent a trustee should be when administering a SNT; looking backwards, this session will address whether we can draft trust terms that help to reduce expensive conflicts between a trustee's disclosure duties and a grantor's desire to protect beneficiaries.

HUD policy and SNTs - Bringing Finley v. City of Santa Monica to Your State , Del Prado (Fifth Level)
Stuart D. Zimring
This session will examine the recent decision in Finley v. City of Santa Monica and how it may apply in other states.

2:20 p.m. - 2:45 p.m., King Charles (Fifth Level)
Break and Visit with Sponsors & Exhibitors
Sponsored by TEAM

2:45 p.m. - 3:35 p.m.
Breakout Sessions
Fees - How Courts Interpret the Standard of Reasonableness
, South Terrace (Fifth Level)
Shirley B. Whitenack
This session will look at how various courts have determined whether a trustee or attorney fee is reasonable, and discuss the standards used by the courts in determining reasonableness.

Traps and Tips: Advanced Tax Issues in SNT Administration, North Terrace (Fifth Level)
Vincent J. Russo
This session will review the tax traps that every trustee should be aware of and the tips to maneuvering through the tax maze. The session will also cover income taxation of SNTs and the impact on gift and estate taxes. Nuances of tainting the trust for grantor trust purposes and the tax impact on parents acting as a trustee will also be discussed.

Getting Involved Early - Developing Good Working Relationships with Litigators and Family Lawyers and the Options They Produce, Del Prado (Fifth Level)
Janet L. Lowder
SNT attorneys need to have an effective working relationship with both litigators and family law attorneys. SNT attorneys are uniquely positioned to help these other attorneys formulate the best options for their clients. This session will discuss the advantages for SNT attorneys to be involved earlier in the case and make suggestions on how to do so.

3:35 p.m. - 4:00 p.m., King Charles (Fifth Level)
Break and Visit with Sponsors & Exhibitors

4:00 p.m. - 5:00 p.m., Grand Ballroom (First Level) 
The Update: Cases and Breaking News About SNTs
Robert B. Fleming
Finish up your review of SNTs and planning considerations with consideration of recent developments in the law. Find out what recent court cases have analyzed or advanced SNT preparation and administration, and learn about new developments and trends.

5:00 p.m.
Adjourn


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