National Conference

Virtual - Thursday, October 17, 2024

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

Welcome and Announcements 

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

The Mission is Possible to Find Quality Residential Care
Jim McCarten, Mark Olson, and Jim Caffry
There are 7.39 million people with intellectual or developmental disabilities (IDD) in the U.S. and only 11% live in a home of their own. The majority still live in their family home in part because of a lack of appropriate and affordable housing options or state barriers to accessing the funding needed for supports to live in the community. An estimated 24% live with a caregiver aged 60 or older. That’s the reality. The good news is there are new innovative options coming online every year including more than 50 intentional communities in development across the U.S. This session will inform about a range of housing options, provide a primer on Medicaid waiver funding, and take a deeper look into an existing and a planned project.

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

U.S. Healthcare Isn't Ready for Seniors with Disabilities
Stephen Dale and David Goldfarb
By 2040, over 1 in 5 Americans will be over the age of sixty-five. Moreover, the number of individuals over age eighty-five will double compared to today. People with disabilities are also living longer, their primary family caregivers are aging, and the direct care workforce crisis is expected to worsen. This session will discuss the different challenges people with disabilities will face as they grow older in an aging society and potential policy solutions to address these issues.

2:15 p.m. - 2:30 p.m.

Break

2:30 p.m. - 3:30 p.m.

The View from the Beneficiary's Side
Nelson Perez and Panel
"A View from the Beneficiary's Side," will be a unique and collaborative presentation that puts the spotlight on the personal experiences of our trust beneficiaries. This collaborative session will feature a beneficiary or family sharing how the trust has positively impacted their life, followed by an in-depth discussion on the specific services and support provided by FND, including unique care, finances and overall trust administration. This will conclude with a Q&A session, offering the audience an opportunity to engage directly with both FND and the beneficiary for a comprehensive understanding of the trust's benefits.

3:30 p.m. - 4:30 p.m.

Ethical Issues in SNT Administration: What Attorneys and Trustees Need to Know
Rebecca Morgan, Bryn Poland, and Robert Fleming
This session will provide a comprehensive exploration of the ethical issues that arise in the administration of Special Needs Trusts (SNTs). Designed for attorneys and trustees involved in the management and oversight of these trusts, the session will delve into the attorney's duties and responsibilities, emphasizing the importance of maintaining professional boundaries and adhering to ethical standards. Using realistic hypotheticals, we will identify and analyze various ethical dilemmas that trustees may face, such as conflicts of interest, beneficiary advocacy, and fiduciary duties. Practical advice will be offered to help trustees navigate these challenges, including best practices for decision-making that align with ethical guidelines and legal requirements. Additionally, the session will present a structured framework for attorneys to ensure that trustees' decisions are ethical, encompassing regular review and oversight, transparency, accountability, and compliance with legal standards. By the end of this session, participants will have a clearer understanding of the ethical landscape in SNT administration and will be equipped with practical tools and strategies to ensure ethical and effective management of SNTs.

 

Pre-Recoded Sessions

The Nuts and Bolts of Third Party Special Needs Trusts (Basics) 
Amy O'Hara
This session will cover the fundamentals of the uses, criteria and implementation of third party SNTs including the requirements, practical tips and traps for the unwary that must be considered in drafting and administering third party SNTs.  

Ensuring Effective Communication
Elizabeth Moran
Clear and accessible communication is fundamental to ensure that everyone can meaningfully participate in due process and the decision-making processes that impact their life. It is commonly known that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. It is also commonly known that Title II of the ADA requires that State and local governments, including courts, provide people with disabilities an equal opportunity to access and benefit from all of their programs, services, and activities. Perhaps what is not as commonly known is what the ADA requires of courts in terms of providing accessible services to individuals who have cognitive disabilities which affect an individual’s ability to comprehend or express themselves in written or spoken language. This includes litigants, witnesses, jurors, and observers who have a broad range of disabilities impacting their ability to communicate, such as developmental disabilities, traumatic brain injury, or who acquire dementia, Alzheimer’s disease, or other disabilities associated with aging. Join Elizabeth Moran, Executive Director at The Arc of Colorado, for this interactive and insightful session about the diverse ways people with disabilities communicate, disability rights under the ADA to for effective communication, and learn effective strategies to mitigate those communication challenges.

Trust Protectors: The Good, The Bad, & The Ugly
Howard Krooks

This session will provide a detailed analysis of the use of Trust Protectors nationally, and an overview of states that provide statutory authority for same. In this session, you will learn:

• Why should you use Trust Protectors?
• Why should you not use Trust Protectors?
• What powers are typically conferred on Trust Protectors?

 The session also will contain a review of case law highlighting some of the problems and pitfalls encountered by persons who have served as Trust Protectors.

The Nuts and Bolts of First Party Special Needs Trusts (Basics) 
Michelle Mulvena
This is a basics course that provides details on the key terms that every First Party d4A trust neds to comply with Social Security and Medicaid requirements to make the trust non-countable as a resource.

The Intersection of SNT and ABLE Accounts
Bradley Frigon
ABLE accounts offer maximum flexibility in terms of distributions not generally afforded to SNT trustee when making distributions for the beneficiary’s shelter expenses.  The ability to pay for ISM  (shelter) expenses from an ABLE account with no negative effect to the beneficiary’s public benefits is an another tool for a SNT trustee to utilize.  The session will review the current rules that apply to ABLE accounts and provide planning examples that a trustee can use when making a distribution from a SNT to an ABLE.

ISM Contracts as a Special Needs Planning Tool
David Lillesand
Special Needs Planners need to know all the approved techniques and use them individually or in combination when appropriate.  This session focuses on food and shelter contracts that allow large exempt transfers of funds, federal income tax free, free of trustee fees, and increasing the SSI claimant’s check by $4,012 tax free per year. Comparison with other special needs planning techniques show the advantage of ISM Contracts. Examples are provided.

Representing the Special Needs Family: What You and Your Clients Need to Know (Basics)
Tara Anne Pleat
This program will begin with a review of Supplemental Needs Trusts (SNTs), focusing on funding, Trustee selection and administration. The program will then cover the landscape of Guardianship and its alternatives. Finally, the program will address family education around future advocacy and support of an individual with special needs, together with  recommendations that clients undertake with their own families as they focus on the future with a mind toward the systemic challenges with overreliance on Medicaid funded supports.

The Corporate Transparency Act:  What Special Needs Planners May or May Not Need to Know
Jeffrey L. Williamson
This presentation will discuss the recently enacted Corporate Transparency Act and will explain how this new law will affect both trustees and beneficiaries of supplemental needs trusts.  We will also discuss recent litigation concerning the constitutionality of this new law.

Top Ten Mistakes Made in Special Needs Trusts Drafting
Stuart Zimring
None of us are perfect.  We all make mistakes.  Hopefully only once.  This interactive session will explore some of the more common mistakes made not just by new practitioners but seasoned experts as well along with suggestions and techniques for making sure they never happen to YOU, or at least not more than once. 

PI Settlements and SNTs (Basics)
Eric Einhart and Dave Paul

In this session, we'll delve into the intricate world of personal injury settlements and special needs trusts, exploring the fundamental concepts, drafting provisions, and strategies to establish and fund SNTs while maintaining eligibility for means-based government benefits.

Attendees will gain valuable insights into coordinating with personal injury attorneys to establish and fund special needs trusts using settlements or judgments from personal injury cases. We'll discuss various methods of establishing and funding special needs trusts through private efforts, the guardianship court, and the personal injury adjudication or settlement process

Being a Trusted Trustee: Coaching Family Members to be Effective Trustees
Jennifer VanderVeen
Navigating the responsibilities of a trustee can be daunting, especially for family members managing special needs trusts. This presentation provides essential coaching strategies to empower family trustees with the knowledge and skills necessary to fulfill their duties effectively. Attendees will learn practical approaches to financial management, legal compliance, and compassionate communication to ensure the trust benefits the beneficiary while maintaining compliance with legal requirements. By the end of the session, participants will be equipped with actionable insights and resources to confidently manage their trustee roles, fostering a secure and supportive environment for their loved ones

The How-Tos of Integrated Special Needs Legal and Financial Planning 
Jerry Hulick, Kelly Piacenti, and Shirley Whitenack
Creating an integrated legal and financial plan for families with special needs is critical. For many legal instruments there is a financial backdrop. This session will dive into various funding sources and products for Special Needs Trusts to include investments, retirement accounts, and life insurance. We will also discuss the uses of ABLE accounts and how they work in conjunction with Special Needs Trusts in planning. We will provide an overview of the valuable government benefits that may be available to individuals with disabilities and their families. These benefits can often be confusing for families, so it is important to understand the differences between the various programs. Our panel will offer suggestions and insight on how to better position your practice with tips for building a resource network to include CPAs and Financial Planners with expertise in special needs situations to further situate your clients with a complete holistic plan.