Pooled Trusts Intensive

Wednesday, October 12, 2022

8:00 a.m. - 8:15 a.m.

Welcome and Announcements

8:15 a.m. - 9:15 a.m.

Beneficiaries as Employees
Stephen Dale and Panel
[Session Description coming soon]

9:15 a.m. - 10:05 a.m.

Stump Ken Brown - Q&A Session
Ken Brown
[Session Description coming soon]

10:05 a.m. - 10:20 a.m.

Break and Visit with Sponsors and Exhibitors

10:20 a.m. - 11:10 a.m.

Pooled Trusts and the SEC
Bradley Frigon 
[Session Description coming soon]

11:10 a.m. - 12:00 p.m.

Dealing with Annuities When the Beneficiary Dies
Henry Strong
[Session Description coming soon]

12:00 p.m. - 1:15 p.m.

Lunch

1:15 p.m. - 2:05 p.m.

Breakout Session 1

  • I’m Having a Day and Now I Have to Call the Bank!?
    Megan Brand, Amos Goodall, and Cindy McDonald

    Understanding and learning how to work with banks and the regulations they adhere to on a daily basis could be the difference between success and overall frustration.  Join us and gain perspective around how banks generally work with Pooled Special Needs Trust clients and attorneys, why clients have difficulty using powers of attorney, and why financial institutions ask for information such as Patriot Act, Corporate Resolutions, Medallion Guaranteed forms and other documents to either open accounts, transition as successor trustee or close out due to the death of a beneficiary.  Recognize when is the right time to engage your legal counsel with questions or issues and how all three can work seamlessly together in support of those individuals who need our help the most, the beneficiaries and their families.

  • The Nonprofit as Trustee: A CEO/ED's Call to the Wild
    Yolanda Mazyck and Emily Smith

    We’ve all heard this before; trust management is complicated. The layers of entities we are accountable to and the assets of the people we are responsible for can be herculean. Now add the responsibilities associated with managing a nonprofit organization, including, but certainly not limited to reporting, staffing, Board of Directors, compensation, budgeting, and development. This session will address the multifaceted world of nonprofits serving as Trustees, and best practices to ensure your success.

2:10 p.m. - 3 p.m.

Breakout Session 2

  • The Right to Medically Necessary Treatment for Florida’s Medicaid Enrolled Children (EPSDT) 
    Katy DeBriere

    Under the federal Medicaid Act, children enrolled in Medicaid are entitled to Early and Periodic Screening, Diagnosis and Treatment Services (also referred to as EPSDT). In addition to specifying a comprehensive set of benefits, like periodic screenings and vision, dental and hearing services, the federal law also establishes a standard of “medical necessity” that applies in determining whether a prescribed Medicaid service for an individual child must be covered. This presentation will compare the federal standard of medical necessity for children with Florida's standard and discuss areas where violations may commonly arise in the authorization of services. 

  • Budgeting for Over 65 Transfers…A Good Problem to Have
    Megan Brand, Eric DeGroot, and Barb Helm

    There have been a few recent decisions that were favorable regarding transfers of assets into PSNTs for beneficiaries age 65 and over.  These decisions relied on evidence to demonstrate a transfer of fair market value.  Spending plans are a realistic approach to creating this evidence.  This session will examine spending plans and their value for both day to day administration as well as how they helped to demonstrate fair market transfers of assets.

3:00 p.m. - 3:20 p.m.

Break and Visit with Sponsors and Exhibitors

3:20 p.m. - 4:10 p.m.

Breakout Session 3

  • The Nitty Gritty of Using Your Pooled Trust as an Income Trust
    Sarah Grimes, Amy Orlando, and Kerry Tedford-Coles 

    This session will teach you the ins and outs of how a pooled trust can be used to lower a beneficiary’s countable income to qualify for Medicaid services. The panel will discuss some of the legalities, benefits and pitfalls and using a fair market value calculation.

  • Breach of Fiduciary Duty
    Shirley Whitenack 

    This session will examine the duties owed by fiduciaries, the most common types of breaches by fiduciaries, the rights of beneficiaries and the remedies available to the beneficiaries for breaches by the fiduciaries.

4:15 p.m. - 5:05 p.m.

Breakout Session 4

  • IRAs and PSNTs
    Bradley Frigon ad Peter Wall

    The majority of wealth in the United States resides in qualified plans and IRAs.  Thanks to unique provisions for people with disabilities created by the SECURE Act, PSNT and SNT trustees have an amazing opportunity to manage Inherited IRAs for their beneficiaries, potentially extending the longevity of a beneficiary's trust resources and avoiding onerous tax consequences.  Nationally recognized speakers Bradley J Frigon, JD, CELA, LLM and Peter J Wall will illustrate how trustees can best administer IRAs in conjunction with SNTs.  IRA funding, decedent complications, account openings and closings, and Required Minimum Distributions will be reviewed, including a thorough assessment of SECURE Act regulations.  PSNT policy and procedure involving IRA administration will be covered and best practice tips will be provided.

  • So You Think You Want to be a Rep Payee? What You Should Know Before You Commit
    Barb Helm and Emily Smith 

    From accepting payments, providing money management, and protecting people from abuse and fraud, representative payees have an important role. We will discuss how you or your organization can fulfill the duties of a representative payee, and be paid for the service.