BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Thursday, October 20, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will prepare elder law practitioners to identify and deal with the crucial issues and pitfalls that arise when drafting special needs trusts. The panel will outline practical solutions to protect public benefits for clients.

Faculty

Patricia E. Kefalas Dudek
Principal
Patricia E. Kefalas Dudek & Associates

Ms. Kefalas Dudek's practice focuses on elder law, Medicaid, estate planning, estates/trust administration, probate, administrative law and disability advocacy. Her practice includes preparing estate planning documents, including SNTs; representation in Medicaid hearings; and the administration of estates, trusts, guardianships and conservatorships. Ms. Kefalas Dudek writes and lectures on SNTs.

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Karen B. Mariscal
Attorney
Mariscal Special Needs Law

Ms. Mariscal practices in the areas of special needs estate planning, guardianship, and disability law. In addition to estate planning and guardianship (including supported decision-making), she provides families with information, resources, and practical assistance regarding their children’s adult day programming and housing and residential options and supports.

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Description

Special needs trusts are an integral part of the practice of elder law. To handle these trusts properly 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 administer the trusts.

Since becoming law, the Special Needs Trust Fairness Act permits mentally competent individuals with disabilities to establish special needs trusts for their benefit. In the past, only parents, grandparents, legal guardians, or a court could set up trusts on behalf of a disabled person.

Counsel must also understand 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 critical points for elder law counsel to understand and weigh when drafting first- and third-party special needs trusts. The presenters will also outline the potential hazards for counsel when amending special needs trusts.

Outline

  1. SNT overview
  2. Public benefits considerations
  3. ABLE Act
  4. Drafting considerations
  5. Pitfalls

Benefits

The panel will review these and other key issues:

  • How can counsel best protect public benefits when drafting special needs trusts?
  • What are the tax issues to consider in the drafting process?
  • What pitfalls may arise when amending special needs trusts?