Pooled Trusts Intensive
Virtual - Friday, November 15, 2024
11:00 a.m. - 11:15 a.m.
Welcome and Announcements
11:15 a.m. - 12:15 p.m.
Lessons Learned: Protecting the Trust's Assets from Corporate Misconduct
Stephen Dale and David Goldfarb
David Goldfarb, Director of Long-Term Supports and Services Policy for the Arc of the United States and Stephen W. Dale, President of the Alliance of Pooled Trusts will review the history of pooled trusts, how the Omnibus Budget Reconciliation Act of 1993 (OBRA 93) established statutory guidelines for self-settled trusts and created the self-settled pooled trust exception. The presenters will then examine several cases where breaches of fiduciary duty have taken place or were alleged over the past 3 decades since OBRA 93 was enacted. In examining these cases, the focus will be on what happened, how it happened, and where it went wrong. This session will then explore how do you communicate with your community, the beneficiary, and your referral sources. A major emphasis of this program will be on how the Alliance of Pooled Trusts is working to unite Pooled Trust providers in establishing best practices for the industry and collaborating with key stakeholder groups to better serve their communities and protect the vulnerable populations that they serve.
12:15 p.m. - 1:35 p.m.
Administering Stand Alone Trusts: Differences and Similarities to the Pooled Trust and the Many Considerations in Between
Megan Brand, Bradley Frigon, and Peter Wall
Whether your organization is already administering stand alone trusts or you’re in the beginning stages of considering it, the presenters will cover the benefits, potential pitfalls and what to consider from administrative, legal, tax and investment perspectives. Through the use of case studies, an overview of discretionary distribution language, remainder person considerations, and fiduciary liability will be provided as well as a review of case law.
1:35 p.m. - 1:45 p.m.
Break
1:45 p.m. - 2:45 p.m.
2024 Supplemental Security Income (SSI) Program Update
Kenneth Brown
This session will cover the Social Security Administration's latest changes to the SSI program, including the most significant changes to in-kind support and maintenance (ISM) policy in 40 years and comprehensive changes to overpayment recovery for all SSA programs.
2:45 p.m. - 3:45 p.m.
Call to Action/Legislative Update
Kerry Tedford-Coles, Roxanne Chang, and David Goldfarb
Staying current with legislative, regulatory and policy updates that impact people with disabilities is a necessity to properly support pooled trust beneficiaries. This session will review the most current legislative, regulatory and policy updates that trustees need to know. Session experts will also provide an overview of proposed changes along with what pooled trust administrators can do to help institute change.
3:45 p.m. - 3:55 p.m.
Break
3:55 p.m. - 4:30 p.m.
Q&A with Pooled Trusts Intensive Speakers
4:30 p.m. - 5:00 p.m.
Chat with the Alliance of Pooled Trusts
Pre-Recorded Sessions
Empowering Impact: Best Practices in Charitable Giving for Pooled Trusts
Kevin Hayde
Today, more than ever, pooled trust organizations play a vital role in efficiently managing charitable funds to create meaningful and lasting impact. This presentation will revisit/review The National Pooled Trust Standards Committee’s ‘Guidelines for Pooled Trusts’ as the guide for meeting the aspirational standards of:
• Aligning Mission and Vision with Charitable Fund utilization
• Transparency and Accountability
• Impact Measurement and Evaluation – defining success
• Collaboration and Partnerships
• Governance oversight of an organization’s charitable funds
Through this presentation, attendees will gain insights into the critical role of pooled trust organizations in effective charitable fund management and leave equipped with actionable strategies to enhance their philanthropic impact. The goal is to improve the nature and quality of pooled trust program services for its constituents. Guidelines will be made available at the session.
Compassion Fatigue: Understanding the Challenge and Cultivating Resilience
Brenna Galvin and Teresa Whitton
Learning Objectives: Gain an understanding of Compassion Fatigue and burnout, including definitions, causes, and common symptoms. Learn effective coping strategies and self-care techniques to mitigate the impact. Develop skills to recognize the signs of Compassion Fatigue and burnout in oneself and others, and to implement proactive measures to prevent its onset or alleviate its effects.
Your Beneficiary Up and Left: What are the Liabilities and Responsibilities of the Trustee?
Karen Konvicka and Kristi Papez
What happens when a beneficiary moves to another state? This session will discuss continued distributions and transfers to other pooled trusts or stand-alone trusts, and the trustee’s duty to find a missing beneficiary. We will also focus on protecting the trustee when exercising discretion to transfer to another pooled trust or accepting an account from another pooled trust. The Uniform Trust Act, Uniform Decanting Act and Uniform Guardianship Act will serve as a basis for discussion.
Charting the Course: Navigating Succession Planning
Barb Helm and Kevin Hayde
Succession planning is a critical aspect of organizational management that is often overlooked, particularly in not-for-profit (NFP) organizations. While NFPs are driven by altruistic motives rather than profit, they are still complex entities with missions, strategies, and operations that require effective leadership. This presentation will provide a working definition of succession planning while analyzing the components of the same:
• Preservation of Mission and Values
• Continuity of Leadership
• Capacity Building and Talent Development
• Stakeholder Confidence and Trust
• Adaptation to Changing Context
Through this presentation, attendees will be shown examples of how both Arcare and Wispact, Inc. have organized their succession plans and the governance oversight of those plans.