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.
Presented By
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.
Mr. Miller is designated as a “Certified Elder Law Attorney” by the National Elder Law Foundation, an organization accredited by the American Bar Association. He concentrates his practice in Elder Law, Guardianships, Planning for Individuals with Special Needs, Estate Planning, Asset Protection, Estate Administration and Probate Litigation. Mr. Miller provides fiduciary services and serves as Executor and Administrator in complex estate matters. He serves as guardian for disabled individuals, Trustee for Supplemental Needs Trusts, and as a Mediator for probate litigation matters.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, July 30, 2025
- schedule
1:00 PM E.T.
I. SNT overview
II. Public benefits considerations
III. ABLE Act
IV. Drafting considerations
V. Pitfalls
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?
Related Courses
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