2026 National Conference on Special Needs Planning and Special Needs Trusts
Main Conference
Friday, October 23, 2026
8:00 a.m.-8:05 a.m.
Welcome and Announcements
Becky Morgan
8:05 a.m.-8:50 a.m.
Medicaid Update
Alice Burns
In this session, Alice Burns, PhD, Associate Director of KFF’s Medicaid and Uninsured Program will provide an overview of the possible changes to the Medicaid program stemming from Congressional action and the implications for states. Dr. Burns will describe how to access KFF's state-level resources and share state-level data for participants to access information about their state’s program.
8:50 a.m.-9:40 a.m.
What Now?
Moderator Craig Reaves, Eric Einhart, Ethan Ordog, David Goldfarb, Crystal West Edwards
Q&A on Medicaid Updates
9:40 a.m.-9:55 a.m.
Break and Visit with Sponsors and Exhibitors
Sponsored by InterActive Legal
9:55 a.m.-10:45 a.m.
Medicare Updates
David Lipschutz
The health care and Medicare landscape continues to rapidly shift at the federal level. This presentation will provide the latest updates on changes in law and policy, including the impact of H.R. 1, Medicare Advantage and Part D issues and ongoing barriers to care.
10:45 a.m.-11:35 a.m.
From Supplemental to Essential: When the Special Needs Trust Becomes the Safety Net
Tara Anne Pleat
Special needs trusts were traditionally designed to supplement public benefits, not replace them. Increasingly, however, families and trustees find that these trusts are functioning as the beneficiary’s primary financial safety net. This program explores how attorneys should counsel clients when a “supplemental” trust must realistically support housing, care, and long-term stability while still navigating the complex rules governing public benefits.
11:35 a.m.-12:25 p.m.
The Update
Elizabeth Friman and Robert Fechtman
A review the year’s most significant, interesting and/or quirky cases, and statutory or regulatory changes. Join us for a fast-paced review of a bumpy year.
12:25 p.m.-1:30 p.m.
Lunch
Sponsored by Advocacy Trust
1:30 p.m.-2:20 p.m. Breakout Session 1
- Unexpected Expenses When Immigration Status is at Issue
Megan Kelly
[Description coming soon] - Don’t Bring a Hammer When You Need a Screwdriver: Choosing the Right AI Tool
Crystal West Edwards
[Description coming soon] - Beyond Preservation: Balancing Beneficiary Quality of Life, Fiduciary Duties, and Public Benefits
Eric Einhart
Special needs trusts and related fiduciary arrangements are often described in terms of what fiduciaries should not do: do not disrupt SSI, do not jeopardize Medicaid, do not make imprudent distributions, and do not exhaust trust assets. But fiduciary administration should also ask a more important question: what is this trust actually for?
This session will examine how attorneys can advise trustees, and other fiduciaries to make thoughtful, defensible decisions that enhance a beneficiary’s quality of life while remaining faithful to the trust terms, public benefits rules, and fiduciary duties of prudence, loyalty, impartiality, and reasonable discretion. The program will address housing, technology, transportation, recreation, caregiving, education, employment supports, subscriptions, family involvement, documentation, and recurring expenses. Attendees will leave with a practical framework for counseling fiduciaries through difficult distribution decisions where “no” may be safe, but not always right.
2:25 p.m.-3:15 p.m. Breakout Session 2
- When Is the Trust a (Joint) Employer?
Jason Bent
Think your trust is not the employer? Think again. In this session, Professor Bent will address the times when the trustee hires a person to provide services to the beneficiary. Does this create an employment relationship? If the trustee hires a payroll and employment services provider, are the trustee and the services provider “joint employers?” Trustees need to consider the independent contractor/employee distinction and the joint employer tests under relevant employment laws. Potential employment law implications include payroll tax withholding, workers’ compensation insurance, immigration status, accommodations, and more. - Working with Clients with Cognitive Disabilities: Practical Strategies Client Engagement
Elizabeth Moran
Representing clients with intellectual and developmental disabilities (IDD), traumatic brain injury (TBI), dementia, and other cognitive disabilities presents unique opportunities - and responsibilities - for attorneys, judges, fiduciaries, and other professionals. While the governing legal principles may be familiar, achieving the best outcomes often requires adapting communication, recognizing functional strengths and limitations, and employing strategies that maximize client participation and autonomy. This session explores practical strategies for effective client engagement while honoring autonomy, making reasonable accommodations throughout the legal process that maximizes participation, and complies with evolving legal and ethical standards. Participants will examine communication techniques, environmental accommodations, supported decision-making principles, and approaches for distinguishing legal capacity from functional abilities. The session emphasizes practical techniques that strengthen attorney-client relationships and improve legal outcomes without sacrificing efficiency. - Compliance is Foundational, Not Aspirational
Gentry Byrnes and Alan Stegeman
This breakout session will discuss the importance of having a well written compliance/risk management policy whether you are a regulated fiduciary or an individual. We will discuss office procedures, dual control, conflict of interest, anti-money laundering & source of wealth requirements, cyber-security concerns, and documentation of decisions. Bottom line… this session keeps you out of trouble.
3:15 p.m.-3:30 p.m.
Break and Visit with Sponsors and Exhibitors
Sponsored by InterActive Legal
3:30 p.m.-4:20 p.m. Breakout Session 3
- Working Beneficiaries
Michael Pierce, Travis Finchum, and Reilly Morrison
NIL (Name, Image and Likeness) isn’t just for big time college athletes. With social media and creative ways to make money, SNT beneficiaries with disabilities are being “followed” and are “influencing” their way to paychecks. Trustees need to understand the myriad of ways our beneficiaries are making money these days and how trust assets can support and protect our beneficiaries in these endeavors. Join an expert on NIL and a SNT Trustee with over 25 year of experience in this discussion. - Modern Drafting for Third-Party Supplemental Needs Trusts: Autonomy, Oversight, and Structural Flexibility
Tara Anne Pleat
A deep dive into modern drafting strategies for third-party SNTs, including ABLE coordination, beneficiary-centered language promoting autonomy and well-being, prioritizing primary beneficiaries over remainder interests, trust protector design and authority structures, decanting and modification provisions, situs flexibility, accounting and notice considerations, and liability limitations. The session will compare alternate drafting approaches and address practical considerations in administration. - Special Needs Trust “Wrap Up”, Tips, Tricks and Practice Points to Consider when Directing for the End of the Administration of a Trust
Ethan Ordog
It is well known that the administration of many Special Needs Trusts requires action resulting from the passing of the beneficiary of the Trust. While many believe it is ceremonial in nature, all too often, the finalization of the Trust and/or issues that should be resolved/considered can be a complicated conclusion, especially when the administration of the Trust had its challenges related to distribution, demands of a beneficiary and/or members of the family, in addition to the scope of assets held or remaining in the Trust. This session will take a dive into initial considerations upon the learning of the passing of a beneficiary, communications with agencies that have directed benefits to the beneficiary, pay back considerations, especially when structured annuities are involved or assets that may take some time to liquidate, in addition to best practices surrounding accountings, transition of certain assets, i.e. house/car, termination of the administration of the Trust and action by the Trustee in furtherance of the “wrap up” required. The session will also get into logistics of tax filings, court proceedings, compensation and final releases that should be considered or secured at the time of the ultimate end of the obligations imposed upon the Trustee. The goal of the session will be to create a plan to ensure that all aspects of the conclusion of the Trust administration are handled and resolved by the Trustee.
