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Pre-Sessions

Thursday, April 20, 2023

8:30 am - 10:00 Am

Understanding public benefits for persons with disabilities is critical to understanding how to prepare and administer a special needs plan. This program will discuss the fundamentals of Supplemental Security Income (SSI), Childhood Disabled Beneficiary (CDB), Social Security Disability Insurance (SSDI), Medicaid, and Medicare as they concern persons with disabilities. Without knowledge of what is (and is not) available through public benefits and the rules that govern them, there is no special needs planning for attorneys or financial advisors. Moreover, without knowing the effect a distribution has on public benefits, an SNT trustee will not be able to properly administer special needs trusts.

By Travis Finchum

10:20 am - 12:00 Pm

This program provides the drafting attorney with excellent fundamental coverage of the provisions that are included in third-party special needs trust drafting. Yet, these provisions while excellent, do not cover some of the intermediate or advanced drafting challenges with which drafters will be confronted. The attendees and the presenter will use their collective brain power to discuss different solutions and methods for addressing challenging planning scenarios. This will be highly interactive so come ready to contribute.

By Joshua L Brothers, Esq., AIF®

8:30 AM - 9:30 AM

Attorneys talk about wills and trusts. Financial planners talk about money. Comprehensive planning incorporates both and brings the documents to life. The presentation will begin with an overview of the special needs planning process and focus on the importance of engaging family members throughout every stage of life on the special needs planning timeline. Cindy and Alex will discuss how to bring others, including non-family members and professionals, into the planning process and share case examples from their practice.

By Cynthia R. Haddad, CFP®, ChSNC® and Alexandria (Nadworny) Dunn 

9:45 AM - 10:45 AM

Current trends in the financial world of individuals with disabilities, elders and vulnerable populations. There are many of them! Discussion of what advisors need to be aware of when working with clients. 

By TBD

10:55 Am - 12:00 PM

As the number of children diagnosed with autism, Asperger’s syndrome, and other neurological disorders continues to skyrocket (1 in 44 as of March 2022), CPAs, financial planners, and lawyers need to understand the deductions and credits available in assisting families in planning for their unique situation. Our session addresses those items that are deductible from adjusted gross income (AGI) to determine taxable income. Specifically, we’ll address some unique medical expense rules and their related financing for families caring for those with special needs. In addition, the session will review timing issues as well as unusual issues in planning for itemized deductions under recent legislation. Our session will enable participants to maximize their deductions on Schedule A for 2022 and alert attendees to changes occurring in 2023.

By Thomas M Brinker, Jr., JD, LLM, PFS/CPA, AEP®, ChFC®,  ChSNC®

1:30 pm - 3:00 PM

The best-drafted special needs trust in the world does no good if the trustee (the person managing the trust) does not know what he or she is doing. A poorly performing trustee can cause loss of essential public benefits, loss of assets, and subject the trustee to personal liability. This seminar will discuss some of the top ways an SNT trustee can properly manage the trust to best enhance the quality of life of a person with a disability.

By Michele P. (Fuller) Urbatsch. Esq.,

3:15 pm - 5:00 PM

This seminar covers the different planning tools available to the professional when planning for assets owned by a person with a disability. This can happen in an emergency when the call comes in that the person is receiving assets and needs assistance immediately. While special needs trusts are a primary planning tool, the professional has other options. This can include ABLE accounts, spending down assets, purchasing exempt assets, or other transfers. The seminar will cover the basics of planning options, along with the strengths and weaknesses of each tool.

By Ray Falcon, Esq.

1:30 pm - 2:30 PM

What are current trends that planners are seeing with their clients? What financial tools and strategies are advisors using in their practice? Topics will include when/how to use life insurance, hybrid policies, annuities, HSA accounts, FSA accounts, wealth management distribution strategies of SNTs, and more using various case examples.

By Joellen Meckley, JD, MHS

2:45 pm - 3:45 PM

Government funding is more and more strained to provide for lifetime supports and housing options for individuals with disabilities. Learn from providers throughout the country about various housing options and how families/individuals can fund them using a combination of government benefits and personal resources.

By Richard Harwood and Pearl Hartley

Pre-Session 2: Fundamentals of Public Benefits for Persons with Disabilities

NOW AVAILABLE ON VIDEO

Date: April 16th
Time: 2:00 PM – 4:00 PM EST

Speakers: Theresa Varnet and Travis Finchum

Understanding public benefits for persons with disabilities is critical to understanding how to prepare and administer a special needs plan. This program will discuss the fundamentals of Supplemental Security Income (SSI), Childhood Disabled Beneficiary (CDB), Social Security Disability Insurance (SSDI), Medicaid, and Medicare as they concern persons with disabilities. 

Without knowledge of what is (and is not) available through public benefits and the rules that govern them, there is no special needs planning for attorneys or financial advisors. Moreover, without knowing the effect a distribution has on public benefits, an SNT trustee will not be able to properly administer special needs trusts.

Pre-Session 3: Drafting the World's Greatest Third-Party Special Needs Trust

NOW AVAILABLE ON VIDEO

Date: April 17th
Time: 2:00 PM – 4:00 PM EST

Speakers: Michele Fuller and Kevin Urbatsch

Attendees will learn how to use ASNP’s SNT drafting guide to include numerous provisions that can be implemented immediately into their third party SNTs. 

The program will discuss options such as choosing between a stand-alone SNT versus testamentary SNT; designing the best SNT management team that may include professional trustee, Trust Advisory Committee, Trust Protector, and Care Advocate; appropriate distribution provision standards; the importance of the Memorandum of Intent; ABLE funding provisions; and much, much more.

Pre-Session 4: Avoiding Common Pitfalls During SNT Administration

NOW AVAILABLE ON VIDEO

Date: April 20th
Time: 2:00 PM – 4:00 PM EST

Speakers: Emily Kile, Ann Koerner and Herb Thomas

Drafting the world’s greatest SNT is not enough. If an SNT trustee administers the trust incorrectly, the beneficiary could lose essential benefits and protections. This program will review the top situations that trip up SNT trustees and how professionals can avoid these dangerous pitfalls. 

There will be a discussion on determining the beneficiary’s public benefits, knowing how different factual situations will dramatically affect administration, understanding the effect of distributions for food or shelter, knowing the differences between first- and third-party SNT administration, and much, much more.

Pre-Session 5: Practicum: Appealing the Adverse SSA Decision on Special Needs Trusts

NOW AVAILABLE ON VIDEO

Date: April 20th
Time: 4:15 PM – 5:30 PM EST

Speakers: Kevin Urbatsch

The SSA has issued a denial of the special needs trust you so carefully crafted. The client calls frustrated because the trust was not supposed to disqualify the beneficiary from SSI. What to do? This program goes through each step necessary to appeal an adverse SSA decision, along with tips and suggestions on how best to manage the appeal and resolve it to your and your client’s satisfaction. 

Checklists, forms, and suggested language will be provided. The program will also review the necessary steps to obtain SSA approved attorney’s fees.

Grow your special needs practice now.