Welcome! Strafford is now BARBRI! The expert courses you know from the trusted global leader in legal education.
Description
The use of trusts for special needs and disabled clients is an integral part of an elder law and estate planning practice. Under certain circumstances, using a pooled trust for Medicaid or estate planning can provide significant benefits. To handle these trusts properly for clients, counsel must know when these trusts are appropriate, first-and third-party special needs trusts to protect public benefits for clients, and how to administer these trusts.
A nonprofit organization establishes and administers the pooled trust, setting up a separate account for each beneficiary. Funds from all accounts within the trust are pooled for managing investments and efficient administration. A person with a disability or a parent can establish subaccounts funded with the assets of the beneficiary.
Family members who want to leave inheritances to persons with disabilities can establish third-party pooled-trust subaccounts. Under these circumstances, Medicaid payback rules don't apply since the assets of the disabled or special needs person didn't fund the account.
Counsel must understand the tax consequences and pitfalls to avoid when utilizing pooled trusts in estate planning and the potential impact on a client's public benefits.
Listen as our panel discusses critical points for elder law counsel and estate planners to understand and weigh when utilizing pooled trusts. The panel will also discuss the mechanics of pooled trusts, requirements, administration, funding options, and other vital items to consider for special needs, low-income, elderly, or disabled clients.
Presented By
Ms. Kiperman advises clients in the areas of Estate Planning, Probate, Trust and Estate Administration, Contested and Uncontested Guardianship matters, Will Contests, Contested Accountings and Special Needs Planning.

Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT). Ms. Marcus has worked in nonprofit administration since 1978 and has led CCT since 2000. She is an expert in the field of Pooled Special Needs Trust administration, Ms. Marcus has published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network. She is frequently asked to present to professional organizations and family groups nationwide including The National Academy of Elder Law Attorneys, The American Academy of Estate Planners, The United Spinal Association, and Stetson University College of Law. CCT was founded in 1990. Under the leadership of Ms. Marcus, CCT has grown to serve over 2,600 trust beneficiaries that are vulnerable, injured, or have special needs throughout the United States
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Thursday, December 9, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Determining when to use a pooled trust
- Pooled trusts and Medicaid spend-down
- Pooled trusts in estate planning
- Best practices for elder law attorneys and estate planners
Benefits
The panel will review these and other key issues:
- What is the difference between a pooled trust and other SNTs?
- Under what circumstances should you consider utilizing a pooled trust?
- What are the requirements and procedures involved in using pooled trusts?
- How can pooled trusts be used for Medicaid spend-down?
- How can pooled trusts be used in estate planning for disabled clients?
- What are the planning pitfalls to avoid when using pooled trusts?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses

Nursing Home Minimum Staffing Standards: Compliance, Litigation Risk, and Strategy
Wednesday, December 17, 2025
1:00 p.m. ET./10:00 a.m. PT

Proving or Defending Incapacity and Undue Influence in Litigation: Evidence, Experts, Remedies
Wednesday, December 3, 2025
1:00 PM E.T.

In-Home Elder Care: Contracting, Classification, Medicaid Planning, Abuse Prevention
Wednesday, November 12, 2025
1:00 p.m. ET/10:00 a.m. PT

Medicaid Promissory Notes: Gift and DRA Compliant Transactions, Shielding Assets, Safe Harbors, Spousal Refusals
Wednesday, November 19, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery