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2026 National Conference on Special Needs Planning and Special Needs Trusts

Main Conference
Thursday, October 22, 2026

8:00 a.m.-8:20 a.m. 

Welcome and Announcements and TEAM Introduction
Becky Morgan and TEAM
Ben Barros, Dean of Stetson College of Law

8:20 a.m.-9:10 a.m.

Are the Machines in Charge?  Using AI to Review Trusts and Other Things…
Mason Clark

Artificial intelligence tools are increasingly being used to review trust instruments, estate planning documents, and other complex legal materials—but how reliable are they, and where do the risks lie?

This session examines the practical realities of using AI, including what these tools do well, where they fall short, and the professional responsibility issues practitioners must keep in mind. It will walk through real-world examples of AI-assisted document review, discuss strategies for verifying AI output, and offer practical guidance on integrating these tools into a trusts and estates practice without sacrificing accuracy or client protection. Attendees will leave with a clearer sense of when to trust “the machines.”

9:10 a.m.-10:00 a.m.    

SSA Update
Kathleen Romig
Updates on Social Security Administration (SSA) staffing and service, impacts on applicants and beneficiaries, and strategies for navigating.

10:00 a.m.-10:25 a.m.

Break and Visit with Sponsors and Exhibitors
Sponsored by Prudent Investors

10:25 a.m.-11:15 a.m.

Inherited IRAs and Trusts: Understanding and Applying the Current Rules
Craig Reaves
What happens to an inherited IRA depends on multiple variables, including the type and number of beneficiaries, when the IRA owner died, and whether a trust is named as beneficiary. This session provides a step-by-step framework for analyzing inherited IRAs payable to individuals and trusts to determine the applicable RMD requirements and distribution period, with a focus on the special rules for eligible designated beneficiaries who are disabled or chronically ill.

11:15 a.m.-12:05 p.m. 

The POMS Problem: Deference, Distribution Decisions, and the Reality of Special Needs Trust Administration
Tara Anne Pleat and Ed Wilcenski
Special needs trust administration frequently turns on language in the Social Security Administration’s Program Operations Manual System (POMS), yet the guidance is often opaque, internally inconsistent, and applied unevenly. How much weight should POMS carry when interpreting trust terms or evaluating distributions? This session will examine the limits of POMS and agency deference, including existing scholarship on the role of administrative guidance in trust interpretation. The presenters will explore how trustees, attorneys, and courts navigate conflicting guidance and offer practical strategies for administering and defending distributions when federal guidance and state oversight collide.

12:05 p.m.-1:30 p.m.

Lunch
Sponsored by Key Bank

1:30 p.m.-2:20 p.m.     Breakout Session 1

  • Tax Law Update
    Bob Brogan
    The One Big Beautiful Bill Act (OBBBA) reshaped tax rules impacting Medicaid financing and disability programs, especially home and community based services. We’ll review what has changed and, critically, what did not—including SECURE Act provisions that still allow disabled or chronically ill beneficiaries to stretch retirement distributions over a lifetime. We’ll then explore how trusts named as beneficiaries of qualified plans can be drafted and administered to turn yet untaxed savings into a benefits protective planning tool, prompting planners to rethink inheritance structures among siblings subject to very different payout rules
  • The Bot, the Trust, and the Benefit Threat: Responding to AI-Driven SSA Scrutiny
    Victoria Blair and Bridget Swartz
    As SSA increasingly relies on AI-assisted review tools to evaluate special needs trusts, practitioners are seeing trust agreements scrutinized in new, and sometimes deeply flawed, ways. This session will examine a real-world pooled special needs trust review in which SSA challenged and attempted to dismantle key provisions of the trust agreement, imposed numerous requested changes, and ultimately got critical issues wrong. We will discuss the legal and practical response to SSA’s demands, strategies for defending compliant pooled trust language, and lessons learned for trustees, counsel, and advocates. The session will also explore how these AI-driven review issues may spill over into individual (d)(4)(A) trusts and Medicaid eligibility reviews, with practical guidance for anticipating challenges before they become benefit-threatening problems.
  • SSI Update
    Kathleen Romig and Jennifer Burdick
    Discussion about updates (& potential updates) to the SSI program, as well as customer service issues and strategies.
  • AI for Dessert: When Artificial Intelligence Serves Up Hallucinations— A Practical Guide for Lawyers to Recognize AI's Sweet Spots—and Its Sour Mistakes
    Roberta Flowers
    AI is transforming the practice of law, but it is not infallible. Join us for AI for Dessert, a fun and engaging after-lunch session that explores the surprising ways artificial intelligence can go wrong. Through real-world legal examples, demonstrations, and interactive discussions, participants will see how AI can confidently generate incorrect legal authority, fabricate citations, misstate facts, and produce misleading analyses. The session will also highlight practical strategies for verifying AI-generated work, maintaining professional responsibility, and using AI ethically and effectively in legal practice. You'll leave entertained, informed, and better prepared to enjoy the benefits of AI without getting burned by its mistakes.

2:25 p.m.-3:15 p.m.     Breakout Session 2

  • Veterans Benefits Law: An Overview
    Hon. Michael Allen
    This session will provide an overview of veterans benefits law. It is designed to highlight information necessary for practitioners to identify veterans benefits issues for clients they are advising on other matters. The presenter intends to provide ample time for questions.
  • Crossing Borders: When Special Needs Planning goes International
    Benji Rubin
    When the individual with disabilities moves to another country what happens to their US government benefits? How will the SNT drafted in the United States be treated by the new country regarding that country’s disability benefits and services?  These questions and more will be addressed along with related topics regarding SNTs owning foreign situs property  
  • Demystifying Social Security’s Childhood Disability Benefit
    Christopher Smith
    For families raising a child with a disability, few benefits are as valuable as Social Security’s Childhood Disability Benefit (formerly known as the Disabled Adult Child (DAC) benefit), and few are as complicated to understand and explain. This session shows who qualifies, how the benefit is calculated, and the costly mistakes that quietly disqualify families every day.
  • Navigating AI’s Wild West: Trends, Ethics, and Backlash in Legal Practice
    Mason Clark

    AI tools are multiplying faster than most practitioners can track, but so is the skepticism surrounding them. This session opens with a fast-paced tour of where AI stands today, including which models and platforms attorneys are using and the new wave of tools built specifically for trusts and estates work.

    From there, we'll turn to the ethical minefield practitioners and clients are increasingly worried about—competence and supervision duties, confidentiality risks when sensitive client and beneficiary information is fed into public models, overreliance and the erosion of independent judgment, and the quieter problem of bias baked into training data that can disadvantage vulnerable beneficiaries, including individuals with disabilities. We’ll also look at why trust in these tools is fraying, fueling real doubts among judges, counsel, and clients about whether AI-assisted work product can be trusted at all.

    Finally, we'll discuss a framework for weighing AI’s genuine usefulness against its real ethical costs, and for responding thoughtfully when a skeptical client or co-counsel asks: “Did you write this with AI?”

3:15 p.m.-3:30 p.m.

Break and Visit with Sponsors and Exhibitors
Sponsored by Prudent Investors

3:30 p.m.-4:20 p.m.     Breakout Session 3

  • Bankruptcy Filings by Care Facilities
    Theresa J. Pulley Radwan
    This session discusses issues presented when a care facility files for bankruptcy, and the rights and challenges faced by those who utilize the facility for care.  The session will also include discussion of the consequences of a bankruptcy filing on contracts for care, as well as the implications for contract- and tort-based claims against the facility when a bankruptcy filing occurs.
  • Exceptional Family Member Programs
    Lindsey West
    This session will provide an overview of the Army Special Education Program and the support available to military families navigating special education needs. Attendees will learn about the free legal services offered through the Army JAG/Legal Assistance Office for Soldiers and retired veterans with children who have special needs. The discussion will highlight how these services can help families understand educational rights, advocate for appropriate accommodations and services, and access valuable legal resources.
  • Housing, Housing, Where Am I Going To HUDing Live?
    Michelle Mulvena and Laura Traiger
    This session delivers a timely update on the HOTMA regulations and alternative housing options.  We’ll address how the new housing rules are being implemented, the new income and asset rules and its impact on special needs trusts and public benefits. Then we’ll pivot into a substantive exploration of alternative housing pathways for disabled adults.  We will examine group homes, shared living arrangements, accessory dwelling units, and creative tenancy models.

4:25 p.m.-5:15 p.m.     Breakout Session 4

  • Tax Basics for Those New to the Internal Revenue Code
    Benji Rubin

An introduction on the basics of tax law followed by an overview of taxation of SNTs and ABLE accounts.

  • Determining Services and Supports for Individual with Cognitive Disabilities: Tools You Can Use RIGHT NOW
    Elizabeth Moran
    [Description coming soon]
  • Drafting 1st Party SNTs
    Bob Brogan
    First party special needs trusts start from a federal floor in 42 U.S.C. § 1396p(d)(4)(A), but a meaningful minority of states quietly layer extra duties on top of that baseline. This session will briefly review the core federal requirements, then map the state specific notice (e.g., a $5,000 advance of-distribution requirement in New Jersey & Nevada), pre approval, reporting, and payback regimes that make drafting and administering (d)(4)(A)’s across jurisdictions so difficult. The focus is on what trust companies and drafters must know to avoid eligibility and administration problems as beneficiaries and trusts move between states.
  • Attorneys and Trustees Navigating the Changing Landscape of Trust Administration
    Kerry Tedford-Coles and Roxanne Chang
    Participants will learn the various ways that attorneys and trustees work together to address the continually shifting landscape of eligibility requirements for government benefit programs (e.g., SSI and Medicaid, HUD housing), including the implementation of H.R. 1/OBBBA, and the future impact on the availability of supports and services for individuals with disabilities.  Presenters will discuss and provide examples how trustees and attorneys may now approach topics such as trust administration and the potential shift from trust distributions for supplemental needs to improve quality of life to distributions that maintain the individual in home and community-based settings, drafting trust agreements, minimizing trustee liability, advocating for the needs of the individual with disabilities, and resolving conflicts between trustees and trust beneficiaries.

5:15 p.m. Welcome Reception