Structuring Special Needs Trusts for the Elderly and Disabled to Protect Public Benefits
Administering First- and Third-Party Trusts; Addressing the Interplay Between SNTs, Guardianships and Conservatorships
A live 90-minute CLE webinar with interactive Q&A
Tuesday, April 18, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
This CLE webinar will prepare elder law practitioners to identify and deal with the key issues and pitfalls that arise when drafting special needs trusts. The panel will outline practical solutions to protect public benefits for clients.
Special needs trusts are an integral part of an elder law practice. To properly handle these trusts for clients, counsel must know when special needs trusts are appropriate, how to draft first-and third-party special needs trusts to protect public benefits for clients, and how to properly administer the trusts.
Effective Dec. 2016, the Special Needs Trust Fairness Act permits mentally competent individuals with disabilities to establish special needs trusts for their own benefit. In the past, only parents, grandparents, legal guardians or a Court could establish trusts on behalf of a disabled person.
Counsel must also understand potential tax consequences and the impact on a client’s public benefits when establishing a special needs trust. Practitioners must be aware of pitfalls to avoid when amending special needs trusts and consider how guardianship and special needs trusts do and don't mesh.
Listen as our panel of elder law practitioners discusses key points for elder law counsel to understand and weigh when drafting first- and third-party special needs trusts. The panel will also outline the potential hazards for counsel when amending special needs trusts.
- SNT overview
- Public benefits considerations
- Tax issues
- Relationship between guardianships and SNT
- Drafting considerations
- Pitfalls to avoid
The panel will review these and other key questions:
- How can counsel best protect public benefits when drafting special needs trusts?
- What tax issues should be considered in the drafting process?
- What pitfalls should be avoided when amending special needs trusts?
Shirley B. Whitenack, Partner
Schenck Price Smith & King,
Florham Park, N.J.
As Co-Chair of the firm's Elder and Disability Law Practice Group, Ms. Whitenack devotes a substantial portion of her practice to trust and estate litigation and elder and disability law, particularly surrogate arrangements to protect the elderly and people with disabilities, special needs planning and Medicaid appeals. She is a frequent author and lecturer on estate, elder and disability law issues.
Elizabeth L. Gray, Principal
Ms. Gray has been practicing law since 1996 and is certified as an Elder Law Attorney by the National Elder Law Foundation (NELF). She focuses her practice in the areas of estate planning, elder law, special needs planning, guardianships, and the administration of estates. Her work includes the drafting of trusts (including special needs trusts, pet trusts, trusts to minimize income taxes and capital gains), wills, powers of attorney, medical powers of attorney, and other succession planning documents.
Kyla G. Kelim, Esq.
Aging in Alabama,
Ms. Kelim focuses her practice on proactive planning involving those in need concerning Medicaid, Medicare and Social Security. She is a nationally recognized speaker on nursing home Medicaid, Medicare and Social Security disability matters. She launched Aging in Alabama to help address the crisis in health care coverage facing seniors and their caregivers.
Live Webinar $197.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
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CLE On-Demand Video $197.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
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Available 24 hours after the live event
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Recorded Audio Download (MP3) Only $77.00 with Registration/MP3 Combo
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CLE Credits By State
The speakers prepared good outlines and followed them during their presentations.
John Wm Ringer
Ringer Law Office
I thought the review of Special Needs Trusts, in particular the requirements needed for proper creation, and the applicable law was extremely beneficial.
Harris, Harris & Gilbert
The speaker's command of the subject matter and his ability to explain difficult concepts in a way that could be understood by everyone was great.
Mitchell Williams Law Firm
The program had a lot to cover and the speakers did a superb job of moving through the difficult subject matter.
Charles E. Chapin
The presenters were lucid, articulate, and informative. The seminar exceeded my expectations.
Slate Law Office
Elder Law Advisory Board
Goldfarb Abrandt Salzman & Kutzin
The Pollan Law Firm
Strohschein Law Group
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