2016 Advanced Special Needs Trusts Update (Incl. 1 Ethics Hour)


Re-Broadcast on April 24, 2017

What you will learn: The proper use of the special needs trust. Impact of the Affordable Care Act, the ABLE act, as well as other legislation, such as the Special Needs Fairness Act, will be discussed. Learn practical applications such as strategies for properly submitting the SNT for court approval as well as reformation and modification. Alternatives to use of SNT to assist client. This seminar will also provide strategies for successfully navigating the pitfalls presented by the myriad of ethical issues that pervade this area.

This is a 3 hour CLE including one hour of Ethics.

Key topics to be discussed:

  • Special Needs Trusts (SNTs) As a Tool
  • The Court and The SNT
  • New Legislation
  • Ethical Considerations

Date / Time: April 24, 2017

  • 2:00 pm – 5:15 pm Eastern
  • 1:00 pm – 4:15 pm Central
  • 12:00 pm – 3:15 pm Mountain
  • 11:00 am – 2:15 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


kylakelimKyla Groff Kelim is an elder law attorney and principal of Aging in Alabama, an elder law firm, in Fairhope, Alabama, and prolific regional and national speaker, dedicating her practice to topics of interest to seniors, their families, caretakers and professionals assisting them, to protect their life’s work. Mrs. Kelim provides consultation and advocacy for older Americans, their families, caregivers and professionals. The firm and aims to protect their clients’ life’s work by proactive planning and assisting those in need due to catastrophic illness or injury as they navigate the often treacherous administrative schemes of nursing home Medicaid, Medicare and Social Security. Ms. Kelim provides consultations throughout the Southeast United States. She is a prolific speaker and has practiced in Alabama and Florida for more than 20 years. Ms. Kelim earned her B.S. degree from the University of New Orleans and her J.D. degree from Cumberland School of Law at Samford University in Birmingham, Alabama. She lives in Fairhope with her husband, Patrick and their two boys, Payton and Pierce.

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Section I. Introduction to Special Needs Trusts (SNTs)
a. Types of Special Needs Trusts
b. Alternatives to SNTs
c. Aligning your client’s needs and goals with the regulations
d. Assessing the Beneficiary’s Disability and Needs
e. Determining How Much to, and NOT to, Place into Trust

Section II. Drafting the SNT: Sample Provisions Review and Anallysis
a. Drafting the Letter of Intent – Why it’s Important
b. Essential Provisions of the Trust
c. Which Provisions to Avoid and Why
d. What Items can be Purchased with Trust Funds?
e. Funding In-Home Care
f. Ten Rookie Drafting Mistakes Everyone’s Made and Could Have Avoided
g. Revising Existing SNTs

Section III. New SNT Tax Provisions, Administration and Termination
a. 3.8% Tax on Undistributed Income
b. Section 642 Provision for Qualified Disability Trusts
c. Handling Trust Funds
d. Income Taxation of SNT Returns
e. Beneficiary Housing Issues
f. What Happens to the Trust Funds After the Beneficiary Dies?

Section IV. Avoid Disqualification through Administration
a. Medical Assistance: Medicaid
b. Supplemental Security Income (SSI)
c. Medicare and Social Security Disability Insurance (SSDI)
d. HUD Housing
e. Other Benefits

Section V. Special Needs Meets the Affordable Care Act (ACA)
a. Can your client with disabilities choose private health insurance through the ACA?
b. Coverage for Persons with Pre-Existing Condition
c. Elimination of Annual or Lifetime Caps
d. Coverage for Children Up to Age Twenty-Six
e. Limits on Out-of-Pocket Payments
f. Subsidies to Purchase Private Health Insurance
g. Benefits of Private Health Insurance for Special Needs Individuals
h. When Remaining on Medicaid may be Preferred
i. Medicaid Expansion – Know Your State
        i. Changes to Asset/Resource Test
        ii. Section 1915(c): Waiver for Long-Term, Non-Institutional Care

Section VI. Ethics
a. Ethical Considerations
b. Applying Rules of Professional Conduct in Elder/Disability Law Practice
c. Representing Mentally Incapable Clients
d. Representing Clients with Diminishing Capabilities
e. Representing Competent Clients with a Physical Disability
f. Additional Duties of Attorneys Serving as Trustees
g. Attorney Fees
h. Avoiding Conflicts of Interest