2018 National Conference on Special Needs Planning and Special Needs Trusts - Agenda
Pre-Conference Veterans Benefits Intensive
Wednesday, Oct. 17, 2018
12:00-12:05 p.m.
Welcome Announcements
12:05-12:50 p.m.
An Overview of the VA General Counsel’s Office, and VA Programs and Benefits
VA General Counsel James Byrne, Esq., will provide an overview of the General Counsel’s office as well as an overview of some of the more common VA programs and benefits.
Honorable James M. Byrne
12:50-1:30 p.m.
An Update from the United States Court of Appeals for Veterans Claims
Chief Judge Davis will provide an overview of the court, new initiatives the court is undertaking and discuss recent cases of notes that all veterans advocates should know.
Honorable Robert N. Davis, Chief Judge of the United States Court of Appeals for Veterans Claims
1:30-1:45 p.m.
Break and Visit with Sponsors and Exhibitors
1:45-4:45 p.m.
Veterans Benefits: Claims, Compensation and Pensions
This session will cover a number of topics that are needed for those who are or have applied to be VA accredited. Topics will include a discussion of service-related and non-service related disabilities, pensions, compensation, aid and attendance, and health care.
Honorable Michael P. Allen, Judge, United States Court of Appeals for Veterans Claims and Stacey-Rae Simcox
4:45-5:30 p.m.
VA Hearings and Appeals Process
Judge Allen and Professor Simcox will explain the hearings and appeals process as well as representation of veterans and attorney fees.
Honorable Michael P. Allen, Judge, United States Court of Appeals for Veterans Claims and Stacey-Rae Simcox
5:30 p.m.
Adjourn
Pre-Conference Tax Intensive
Wednesday, Oct. 17, 2018
8:15-8:20 a.m.
Welcome and Announcements
8:20-9:10 a.m.
An Update on Recent Tax Developments, including the Tax Cuts & Jobs Act of 2017
Howard Zaritsky will emphasize basis considerations, case law developments and state actions. Has tax planning taken a back seat to good drafting, creating more flexible estate plans and trust administration? Come to this session and find out!
Howard Zaritsky
9:10-10:00 a.m.
The Tax Cuts & Jobs Act of 2017 (TCJA) Impact on Individuals with a Disabilities
In late 2017, Congress adopted the Tax Cut and Jobs Act. It reshaped the income tax system extensively. It also made several changes that impact special needs trusts, special needs individuals and even the structure and effect of ABLE Act accounts. We can provide the nuance you’ve been missing.
Robert B. Fleming
10:00-10:15 a.m.
Break and Visit with Sponsors and Exhibitors
10:15-11:05 a.m.
The Anatomy of a Fiduciary Income Tax Return(s)
Do you know when a Form 1041 must be filed? Do you know how to complete it? Does the Trust need its own EIN? Not only will you learn the answers to these questions, you will see in real time how to fill out the Form 1041 for different types of trusts! What differences are made under the ‘new’ tax law?
Hyman G. Darling
11:05–11:55 a.m.
The Anatomy of Individual Income Tax Returns for Those with Disabilities or Their Families
All of us have filed tax returns. Our clients, whether families or beneficiaries, are no different. What is different, however, is what and how they enter information onto their tax returns. Do they have a deduction for providing care for their family member with special needs? Do the parents get paid for caregiving? Is this reportable as taxable income? Is the beneficiary of the SNT working? If so, now what? Learn about the entries for the 1040 in these circumstances and more.
Hyman G. Darling
11:55 a.m.-1:00 p.m.
Lunch
1:00-1:50 p.m. | Breakout Session 1
- Understanding Taxes and Third Party Irrevocable Trusts
Ok, so you are representing the trustee of a third party irrevocable trust. Not a grantor trust, so you don’t have to deal with that pesky “Does my Trust Needs an EIN question. But wait, there are still tax issues. Come learn about the intersection of the provisions of the tax code with third party irrevocable trusts.
Richard Gershon - Magical Mystery Tour: Secrets to Naming a Special Needs Trust as Beneficiary of an IRA
Bone up on your retirement planning basics – What is an RMD and how is it different than a RBD? What is the difference between a Qualified Beneficiary Trust, Accumulation Trust and a Conduit Trust? When do I use the Unified Table and when do I use the Single Life Expectancy Table? What are the traps to avoid in drafting a Special Needs Trust that will be the beneficiary of an IRA or other retirement asset? Dennis Sandoval will guide you through the maze.
Dennis M. Sandoval
2:00-2:50 p.m. | Breakout Session 2
- A Practicial Discussion of Income Tax Considerations in the Planning and Administration of Trusts
This session will discuss: how the state of residence of the trustee may affect the taxability of a trust; capital gains considerations every trustee needs to know; how the timing of distributions can affect the taxation of distributions to beneficiaries; and miscellaneous income tax implications to consider when balancing the interest of the income and remainder beneficiaries.
Debra Boje
- "Choose Wisely" When Selecting Grantor Trust Provisions
Do you understand the power of the grantor trust rules? Do you know which rules are safe to use in your trusts when public benefits are needed? Do I really have to get a separate EIN for a grantor trust? Learn all of this and more in this session from NAELA President Michael Amoruso.
Michael J. Amoruso
3:00-3:50 p.m. | Breakout Session 3
- What You Need to Know About TCJA and MAGI
It’s all about Modified Adjusted Gross Income (MAGI) these days for many things beyond your taxes. Learn how the TCJA affected the determination of MAGI.
Richard Gershon - The Tax of Your Business after Tax Reform
Taking care of your personal financial life should not regularly take a back seat to meeting your professional practice obligations. Most, if not all, of us view our practices as a professional calling, but that work is also how we provide for our families. This program will lead you through the changes enacted by the Tax Cuts and Jobs Act of 2017, which apply, to your personal taxes, as well as those changes, which apply, to the taxation of your professional practice income. Choice of entity, the new qualified business income ("QBI") deduction and items of similar importance will be discussed during this presentation.
James M. McCarten
4:00-4:50 p.m.
Just Ask Brad: The Day’s Tax Questions & Answers
This is an informal Q and A with Brad Frigon, to ask questions pertaining to any of the sessions from the Tax Intensive Program. (Bring only questions from the program as questions outside of that will not be addressed in this forum.)
Bradley J. Frigon
4:50 p.m.
Adjourn
Pre-Conference Pooled Trusts Intensive
Wednesday, Oct. 17, 2018
8:00-8:05 a.m.
Welcome and Announcements
8:05-8:55 a.m.
The 2018 Public Benefits Update
2018 has been a busy year. Lawsuits, new POMS, state administrative and legislative actions, and management of maturing pooled trust agencies have given us plenty to think about. This session will look at the changes to SSI, collateral public benefit programs, housing, and more as we plan for individuals with special needs through the use of pooled trusts.
Neal A. Winston
9:10-10:00 a.m.
Managing Caregiver Burnout and Compassion Fatigue
This session will explain and explore the differences between caregiver burnout and compassion fatigue (both for family members and for staff members who interact with family members). The content will focus largely on adult children managing their aging parents, parents managing children of any age, and pooled trust staff members working with caregivers and actual beneficiaries. In the session, some of the "science" behind compassion fatigue and caregiver burnout will be explained, a few real-life case examples will be presented and discussed with session participants, and helpful and proactive strategies will be provided to assist participants in managing their own fatigue or to help other staff members do the same.
Kevin E. Hansen and Kerry Tedford-Coles
10:00-10:15 a.m.
Break and Visit with Sponsors and Exhibitors
10:15-11:05 a.m.
Ensuring the Sexual Health and Safety of PSNT Beneficiaries
The sexual health and safety of persons with disabilities is a topic that few PSNT administrators are comfortable addressing. This program will highlight the myriad issues raised by this sensitive subject, and provide a proposed action plan for minimizing the risk of sexual abuse of vulnerable PSNT beneficiaries.
Emma H. Barry and Kristen M. Lewis
11:05-11:55 a.m. | Breakout Session 1
- Staying Alive, Staying Exempt and Staying Solvent: Issues Which Put Tax-Exempt Status At Risk
Many tax-exempt organizations, especially those which operate with tight budgets, are susceptible to taking or sponsoring activities which are frowned upon by the IRS and put the organization at risk of losing its tax-exempt status. Even if the IRS does not propose to terminate tax-exempt status, the penalties which can attach to transactions which seem appropriate, but are technical violations of non-profit tax rules often can and do generate taxes which are a form of penalty or even actual tax penalties themselves. The Tax Cuts and Jobs Act of 2017 included a number of changes impacting tax-exempt organizations which can result in unanticipated tax and penalty liabilities. This program will provide a framework of those rules which, if violated, can result in the loss of tax-exempt status, those rules which give rise to quasi-penalty tax liabilities, those activities which give rise to tax penalties and, finally, the changes brought by Tax Reform which all tax-exept organizations must keep in mind as they outline specific actions to be taken in furtherance of their tax-exempt missions.
James M. McCarten - How The Executive Director Shapes the Organization
This session will explore the three key roles essential for an executive director of a PSNT: establishing the culture of the organization; maintaining the financial and legal integrity of the organization and selecting, developing and growing the staff of the PSNT. The session is a combination of short presentations, engagement of participants and hands on tools to take home.
John Dickerson - Setting Expectations with the Beneficiary and Family
Setting up a spending plan when the trust is first funded and coming to a reasonable agreement with the beneficiary. It can also talk about how you set reasonable expectations with grantors who are setting up 3rd party trusts to be funded 40 years from now. It can also address discussing sole benefit, parental duty of support, sole and absolute discretion.
Eric DeGroot and Kevin Hayde
11:55 a.m. -1:05 p.m.
Lunch
1:10-2:00 p.m. | Breakout Session 2
- Special Issues Presented by the Older Beneficiaries (over 65) Opening Accounts
Some states allow disabled individuals over age 64 to fund pooled SNT accounts without penalty, but most do not, and some apply what amounts to a per se rule that the beneficiary gets nothing of value in return. One case decided in 2018 required its state Medicaid program to have a hearing on whether the beneficiary got fair market value, while another rejected the argument that funding was an exempt transfer. This program will review the legal and policy arguments, the state of litigation, and the potential for administrative or legislative remedies allowing older people to use PSNT accounts without penalty.
Ron M. Landsman - Vulnerable Individuals: Balancing Individual Autonomy with the PSNT Duty and Liability
As trust administrators, we field requests all day long from individuals who JUST WANT THEIR MONEY. How do we meet their needs while still protecting them, their benefits, and their funds from their long lost cousin while upholding our fiduciary duty?
Megan Brand and Caitlin Janicki - De-escalating Danger: Dealing with Beneficiaries Who are Volatile
Corporal Keith Jackson, Pinellas County Sheriff's Office
2:10-3:00 p.m. | Breakout Session 3
- Teaching Your Staff Financial Literacy: A Discussion on the Basics of Budgeting
This session will address budgeting for individuals and trusts and how the two relate in special needs trust planning
Reilly F. Morrison - Employment and Careers for Individuals with Disabilities
James Emmett will discuss the changing world of employment for people with disabilities. It is a time of rapid growth. James will cover how individuals with disabilities can prepare for careers of their choice. He will also dive into how to partner with companies and take advantage of the disability inclusion trend within the business community.
James Emmett
- Those Distribution Requests Just Keep Getting Weirder and Weirder
And who better to cover these weird requests than master story teller and expert Bob Fechtman who will use these stories to cover the allowable requests, and those not so allowable requests that leave you shaking your head.
Robert W. Fechtman
3:00-3:15 p.m.
Break and Visit with Sponsors and Exhibitors
3:15-4:05 p.m. | Breakout Session 4
- Implicit Bias and Individuals with Disabilities
This session will cover how to be knowledgeable about implicit bias, how you can be sure that your PSNT employees approach individuals with special needs with inclusiveness, respect and empowerment and resources available for making your organization free of implicit bias.
Crystal C. Coombes - You Want the Trust to Pay for What?? - Handling Questionable Distribution Requests
The beneficiary is accused of a crime. Can the trust funds be used to bail out the beneficiary and pay for the criminal defense? The parents didn’t pay the utility bills and the power was shut off. The beneficiary’s mother wants money to pay for her cosmetology school so she can get a job and provide better care to the beneficiary. This interactive session will explore questionable distribution requests and how to handle them.
Shirley B. Whitenack - Safety for Caregivers and Care Managers When Working in a Hoarded Home or Simply “Lived In” Home
When going into a home, caregivers and care managers both have to think about their safety. When going into a home of a hoarder or a home of someone who has collected a lifetime of things, or who has many, many pets, the safety issues become critical. Learn from Matt Paxton of Legacy Navigators and the host of Hoarders what to look for and considerations for safety of caregivers and care managers.
Matt Paxton
4:10-5:00 p.m. | Breakout Session 5
- The PSNT Preparing for and Surviving Audits
Many facets of a PSNT should be audited at least annually, including internal, external and IT security audits. What do you need to know about preparing for an audit? What do the auditors examine? The charitable status of your PSNT may also be part of the audit as well as how you are administering your trust. Don’t forget, if your PSNT serves as a SSA representative payee, those are audited as well.
John Dickerson - Planning for and Implementing Organizational Change
As PSNTs grow it can be difficult to manage change and expansion while maintaining quality service to the individuals we serve. This session will discuss some of the challenges to expect as a PSNT program progresses and grows, as well as, strategies to help manage change as it occurs. Planning for the future and succession planning will also be discussed.
Heidi J. Flatt - When the Beneficiary and Law Enforcement Cross Paths: Mental Health Units in the Sheriff’s Office
Beneficiaries with behavioral problems, who like to wander, or who are non-compliant with their medications are just a few who may interact with law enforcement. It is so important for law enforcement officers to be trained on how to most effectively interact with these individuals, and what are the best options in communicating with them. The Pinellas County Sheriff’s office has established a mental health unit. Come learn about the structure of this unit, how they are trained to interact with individuals and the results they have obtained!
Sergeant Joleen Bowman and Lieutenant Steve Wagner, Pinellas County Sheriff’s Office
5:00 p.m.
Adjourn
National Conference on Special Needs Planning and Special Needs Trusts
Thursday, Oct. 18, 2018
7:15-8:05 a.m.
The Professor Flowers Ethics Breakfast!
Grab some breakfast and join national ethics expert Professor Flowers for an interactive discussion "Dealing with the Family: Confidentiality and Client Autonomy." We guarantee food, fun and ethics!
Roberta K. Flowers
8:15-8:30 a.m.
Welcome and Announcements
8:30-9:20 a.m.
Twenty Years of SNT Planning - My, How Time Flies!
Twenty-five years ago OBRA '93 became law and the modern era of self-settled special needs trusts began. Five years after that Stetson hosted its first national conference on special needs trusts and planning for individuals with special needs. Now, twenty years later, this conference is still the premier event on this topic. A lot has happened during this time. This session will highlight some of the more imporant features of planning for people with special needs and examine the evolution of this area of the law since OBRA '93.
Craig C. Reaves
9:20-10:10 a.m.
Tax Reform, and Year End Tax Planning for Self-Settled and Third Party Trusts: What SNT Planners Need to Know
This session will focus on new tax provisions enacted by Tax Cuts and Jobs Act (TCJA) that impact First and Third Party Trusts and beneficiaries of those trusts.
Bradley J. Frigon
10:10-10:30 a.m.
Break and Visit with Sponsors and Exhibitors
10:30-11:20 a.m.
Navigating the IRA Minefield: Lessons Learned from PLR 201021038
PLR 201021038 illustrates just about everything you could do wrong in trying to fix a botched IRA designation and trust. Dennis will explain the IRS’ findings in PLR 201021038 and offer suggestions for working with IRA custodians, fixing faulty beneficiary designations and modifying a defective trust.
Dennis M. Sandoval
11:20 a.m.-12:10 p.m.
The Mechanics of Fixing Problems: Decanting and Other Answers
Sometimes a previously drafted SNT doesn’t fit the beneficiary’s current life. Or, the law has changed, or the state agency has made changes in how approves SNTs. Just like when you have problems with your car, you take it to a mechanic. In this session, using case studies, our chief mechanic Mary O'Byrne will have a conversation with other special needs planners on how to fix problems.
Mary E. O’Byrne
12:10-1:10 p.m.
Lunch
1:15-2:05 p.m. | Breakout Session 1
- Directed Trusts in the Context of SNTs
Is a bifurcated arrangement between a trustee and a distribution director beneficial and in the best interest of the beneficiary (or fiduciary). Does your state recognize a directed trust arrangement ? How are these used in your SNT practice? Come learn about these issues and how you might use a directed trust.
William Lucius and Shirley B. Whitenack - Not All Animals Are Created Equal: The Legal Difference Between Service Animals and Emotional Support Animals
Have you noticed the number of dogs and other animals with service animal vests? Noticed the number of dogs at airports these days? We love our pets but not every pet is a service animal or emotional support animal. Sometimes a pet is just that, in the eyes of the law. In this session, Judge Kinkeade, board member for Canine Companions for Independence will discuss how the law differentiates between service animals and emotional support animals. He will summarize the different laws and regulations governing the use or accompaniment by these animals, and how those who take advantage of the laws regarding emotional support animals make it harder for people with legitimate needs.
Honorable Ed Kinkeade - Friend, Can You Spare A Form?
Forms are a good starting place, but don’t stop there! This session will cover what can and does go wrong when we forget that special needs counseling is a process and when we use forms without thinking. This session will address when to modify a form for your client’s specific situation, how to customize your forms to fit your practice needs, how to check your forms for culturally appropriate language, whether you should send drafts to the client for review or review in-office, when to include (or not) specific clauses in your documents, and how often you need to review your forms to make sure they are current and appropriate.
Jane Skelton
2:05-2:25 p.m.
Break and Visit with Sponsors and Exhibitors
2:25-3:15 p.m. | Breakout Session 2
- What the SNT Lawyer Needs to Know about Reviewing Annual Statements and Evaluating Investments
You’ve heard that quip, “I don’t do math, that’s why I went into law.” Well, if you haven’t figured it out by now, attorneys do need to do math, and also need to have an understanding of accountings, investments and the Prudent Investor Act. In this session, Peggy Hoyt will explain what attorneys need to know when reviewing annual statements, evaluating investments, investment diversification, the prudent investor act and what trustees need to do to act with due diligence. No calculators needed!
Peggy R. Hoyt - Writing a SNT to be Flexible in a Quickly Changing World
We all know how quickly life can change. The same is true for beneficiaries of SNTs. Whether the beneficiary gets married, divorced, moves to another state, or wins a lottery or the state or federal agency change the rules, the SNT needs to be adaptable. This session will examine drafting techniques to provide flexibility so that the SNT can keep up with the changes the trustee and beneficiary face.
Elizabeth Noble Rollings Friman - When the Trustee or Trust Protector Needs An Attorney to Protect the Beneficiary’s Rights and Benefits
This session will educate attendees (not only attorneys) how to recognize when a claim or litigation is appropriate and how to get the process started since most special needs lawyers, advisors, etc. do not do any litigation. Advising parents and guardians on the health and safety of persons with disabilities.
Hyman G. Darling
3:25-4:15 p.m. | Breakout Session 3
- The Mechanics of Establishing a (d)(4)(A) SNT After the Special Needs Trusts Fairness Act
For many years, the beneficiary under a first party SNT could not establish the SNT. Whether an oversight or not, that omission in the law created problems. Finally, the Special Needs Trust Fairness Act resolved this omission. How do you establish a (d)(4)(A) SNT now? Can the beneficiary’s agent under a POA establish the SNT? Come learn the lay of the land of creating a (d)(4)(A) after the Special Needs Trusts Fairness Act.
Michael J. Amoruso - ABLE Accounts: A Fresh Perspective from an ABLE Program Administrator and Trustee
Doug Jackson and Steve Dale, a dynamic duo of national experts on ABLE, will describe how ABLE accounts and special needs trusts are currently being used together. In this session, Doug and Steve will provide updates, describe significance and functionality of SNT to ABLE transfers, and discuss considerations in selecting an ABLE program to serve your clients.
Stephen W. Dale and Doug Jackson - It’s Not Your Mother’s PSNT - What PSNTs Offer to Special Needs Planners
Pooled trusts vary from state to state and region to region. Learn how to determine if it meets your client’s needs, if it is in line with the federal and state regulations and how it may be affecting change on an individual and policy level in your state and nationally.
Megan Brand
4:20-5:10 p.m. | Breakout Session 4
- Understanding Structured Settlements
We have all heard of structured settlements, and we may even have represented a client who has accepted such a settlement. But do we really know what makes up a structured settlement? What considerations go into deciding to structure a settlement? What are the typical terms of a structured settlement? What are the tax implications? Come to this session to learn all about the foundational characteristics of structured settlements!
Michael W. Goodman - Ethical Issues with Self-Settled Trusts
Administering a self-settled trust can be a difficult balancing act for even a seasoned Trustee. Fielding requests for distributions for cars, home improvements, vacations and routine expenses requires a Trustee to understand both the beneficiary’s needs and what affect the distribution will have on the beneficiary (and remainder beneficiaries!). What duties and ethical considerations are necessary to evaluate when making a distribution for the benefit of the beneficiary of a self-settled SNT? What happens when a distribution is not used for the intended purpose? Take home some practical tips from this interactive discussion.
Elizabeth Noble Rollings Friman - Public Benefits 101
In 50 minutes, learn the basics for those public benefits upon which your clients may rely to meet daily needs including Medicare, SSI, MA, SNAP, public housing, and the Medicaid waiver programs. Be prepared for Public Benefits 201!
Laurie Hanson
5:10 p.m.
Adjourn
Friday, Oct. 19, 2018
8:15-8:30 a.m.
Welcome and Announcements
8:30-9:20 a.m.
An Update From SSA
Samara Richardson, Associate Commissioner for the Office of Income Security Program (Mary O’Byrne, Moderator)
The Experts Panel, moderated By Mary O’Byrne, and featuring Ken Brown, will immediately follow the conclusion of the SSA presentation, offering their commentary and insights.
9:20-10:10 a.m.
Q&A with Ken Brown on Trusts, ABLE Accounts, SSI and Related Topics
This is the session you have been waiting for! Come hear Ken Brown offer his insights and explanations about the new POMS on trusts, ABLE accounts, SSI and related topics.
Ken Brown (Mary O’Byrne, Moderator)
10:10-10:30 a.m.
Break and Visit with Sponsors and Exhibitors
10:30-11:20 a.m
Trust Distribution Requests from Beyond the River Styx
With all of the work I do as a trustee, I think a topic we can never really talk about too much is difficult trust distribution decisions. I get requests all the time from parents of minor trust beneficiaries to pay for food, shelter, school expenses, and many other things that the parents are normally expected to provide. The trust beneficiary needs a vehicle for transportation, but nobody in the entire family unit has a valid driver’s license. They want to buy, or, worse yet, construct, a house where the whole family will live, but nobody in the family has a job. The trust beneficiary is in prison, and they want me to support their family while they are locked up. The list goes on and on!
Robert W. Fechtman
11:30-12:30 p.m.
Lunch
12:35-1:25 p.m. | Breakout Session 1
- The Impact of TCJA on SNTs Owning Pass Through Entities
Tax Cuts and Jobs Act (TCJA) enacted complicated tax favored rules for pass through entities. This session will review the new pass through rules and discuss potential tax savings strategies for SNTs.
Bradley J. Frigon - Public Benefits 202
If you've learned the basics of Medicare and Medicaid, this session is the next step! This sessions covers how public benefits basics intersect and will survey more advanced public benefits: HUD Section 8, transitioning to SSDI from SSI, Childhood Disability Benefits, and the Pickle Amendment.
Bryn Poland - Success From the Get Go: Beginning and Marketing Your Special Needs Estate Planning Practice
Getting started on the right foot is important, so you need to know the tips to successfully begin your Special Needs Estate Planning practice. Then, in order to generate business and grow your practice, every SNT attorney also needs to develop and employ a marketing strategy. Come learn from two folks who have been there and done that!
Emma H. Barry and Elizabeth Noble Rollings Friman
1:30-2:20 p.m. | Breakout Session 2
- State Taxation of Special Needs Trusts
Managing state income tax liability is an important factor in planning and administering a trust, and it has become an increasingly complicated challenge for the trustee. If done properly, the planner may provide substantial benefits to the beneficiaries; if done poorly, the trust may incur significant additional cost. This session will look at the implications when a beneficiary or trustee move to another state, income tax filings when there are multiple trustees in different states, and possible tax benefits for trustees in Nevada and Delaware and Alaska.
Janet L. Lowder - Love and Marriage and the SNT Beneficiary
When the SNT beneficiary marries, there are a number of issues to be covered before the ceremony: who is the beneficiary marrying? Will the beneficiary lose benefits? What will the beneficiary lose? What will the beneficiary gain? What happens if the marriage fails? Will a commitment ceremony be a better path?
Mary Alice Jackson
- The Trustee’s Duty to Report: Safeguarding the Trust
This session will examine the trustee’s duty to safeguard the property of the trust. What are the trustee’s duties? Is reviewing periodic custodian statements enough? Does the trustee have to visit the beneficiary? Inspect the property? What should the trustee do if someone attempts to exploit the beneficiary financially? Using the Uniform Trust Code, Amos Goodall will examine the trustee’s duty to safeguard the trust and how a trustee can accomplish that duty.
H. Amos Goodall
2:20-2:40 p.m.
Break and Visit with Sponsors and Exhibitors
2:40-3:10 p.m. | Breakout Session 3
- What SNT Trustees Need to Know About HUD Reverse Mortgages
The "Overview of Home Equity Conversion Mortgages for Seniors" would provide a basic introduction to the Department of Housing and Urban Development's reverse mortgage program. The overview would provide a brief history of this FHA program and how the program works, with an explanation of borrower, property and financial requirements, and the fees associated with the reverse mortgage.
Chung-Yiu “Andrew” Lee (invited) - Advising Persons with Disabilities (and their support teams) About Maximizing Sexual Health and Safety
Many allied professionals who serve persons with disabilities (and their support teams) are woefully uninformed about how to ensure the sexual health and safety of these vulnerable individuals. This presentation will educate and equip advisors to minimize the risk that persons with disabilities will become victims of sexual abuse.
Emma H. Barry and Kristen M. Lewis - Life Insurance as an Effective Planning Tool
Special needs situations often require a burst of liquidity to care for loved ones, and life insurance is uniquely designed to provide a specific amount of wealth to address those long-term needs. This session will address important factors that can impact life insurance, including divorce and how to address underwriting.
Peter W. Fleming III
3:20-4:10 p.m. | Breakout Session 4
- Public Benefits Jeopardy
Come watch 3 contestants and their host, Stu Zimring, play public benefits jeopardy, where the answers are always in the form of questions. With your host… Stu Zimring.
Stuart D. Zimring - A Job for Everyone: Employment for Individuals with Disabilities
For over 25 years companies have realized the benefits of diversity and inclusion. Yet, disability has often been left out of the conversation. In today's environment of diversity and inclusion we now understand that disability inclusion has incredible benefits to corporations -- increase tenure, reduced absenteeism, performance on par or better than their colleagues.
Meg O’Connell - Medicaid Liens and Other State Liens
No Free Lunch: the how, when and why of LIENS (Medicaid, Medicare, and the 50 states' liens). Review and update what you know about TEFRA liens, Section 1912 TPL liens, estate recovery, and Medicare recoveries.
Lisa Nachmias Davis
4:15-5:00 p.m.
The Update
This popular session closes the program again this year. Its primary purpose: to give you up-to-date, useable information about developing trends in special needs law, to survey new cases and important changes in the law, and to energize you for the return to your office with information you will be able to use immediately.
Robert W. Fechtman and Robert B. Fleming
5:00 p.m.
Adjourn