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.
The Road to Independence
Stephen Dale and Michelle Detweiler
This session will discuss the emotional, physical, and financial benefits of assisting beneficiaries to find employment. The presentation will consider why employment can be so beneficial for some beneficiaries with disabilities. It will discuss that client-centered trust work should always consider whether a beneficiary wants to have a job and whether employment would be valuable for the beneficiary. Additionally, the session will explore the rules and regulations that must be considered to allow the beneficiary to work but also maintain their public benefits.
9:15 a.m. - 10:05 a.m.
Pooled Trust Update and Q&A Session with Ken Brown
Kenneth A. Brown
This is the session you have been asking for! Ken Brown will provide an update on the latest pooled trust policy news and then we’ll see if we can stump him with your pooled trusts questions.
10:05 a.m. - 10:20 a.m.
Break and Visit with Sponsors and Exhibitors
10:20 a.m. - 11:10 a.m.
The SEC, An Uninvited Guest, Jumped Into Our Pool!
The Securities and Exchange Commission (SEC) filed an action against a pooled trust which is the first known complaint by the SEC against a pooled trust. This session will outline the basis of the complaint filed by the SEC, and discuss potential liability claims against pooled trusts for violations of SEC rules.
11:10 a.m. - 12:00 p.m.
Structured Settlements, Annuities, and Trusts: What You Need to Know
Pooled Special Needs Trusts often receive periodic payments from settlement annuities negotiated during settlement of tort claims, and the pattern of payments may seem misaligned with the beneficiary’s needs. Gain new perspective on these situations from a respected industry veteran along with tips for how to resolve practical issues which may arise.
12:00 p.m. - 1:15 p.m.
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
- Introducing the CGC SNT Management Certificate
The Center for Guardianship Certification is introducing a certificate program for those who manage Special Needs Trusts. Sally Hurme, a consultant with CGC, will explain how the certificate program works and why you should consider getting this certificate.
- 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
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.