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Protecting Public Benefits in Estate Plans, Trusts, and Settlements: A Practical Guide for Attorneys

Protecting public benefits through special needs trusts in settlement and estate planning for clients with disabilities.

2026-01-21 13:00:00

Program Details

2026-01-21 13:00:00

Program Details

2026-01-21 13:00:00

Over 1,000+ webinars

2026-01-21 13:00:00

Course Overview

Protecting Public Benefits Through Special Needs Trusts

2026-01-21 13:00:00

Participants will learn to structure special needs trusts that preserve client eligibility for means-tested government benefits. Attorneys gain practical skills for settlement planning and estate planning contexts.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Trust Structures
Compare pooled versus standalone special needs trusts and their unique requirements.
02
Government Benefits
Understand means-tested benefits like SSI and Medicaid versus entitlement benefits.
03
Settlement Planning
Learn court order requirements and structured settlement integration with special needs trusts.
04
Estate Planning
Draft wills and powers of attorney with discretionary pooled trust language.
05
Age Considerations
Navigate the 65 and over rule for first party trust establishment.
06
Due Diligence
Evaluate pooled trusts for transparency, auditing, and qualified governance.

Program schedule

clock 1:00 pm - 1:30 pm EST

Special Needs Trusts: Pooled and Standalone Structures

This session explores the fundamental differences between standalone and pooled special needs trusts, including how each serves individuals with disabilities. Attendees will learn about federal disability definitions, the role of nonprofit administrators in pooled trusts, and the economies of scale that benefit beneficiaries.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 1:30 pm - 2:00 pm EST

Understanding Government Benefits for Disabled Individuals

This session distinguishes between means-tested benefits like SSI and Medicaid versus entitlement benefits such as SSDI and Medicare. Participants will gain practical knowledge about eligibility requirements, resource limits, and state-specific variations that impact benefits planning.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 2:10 pm - 2:40 pm EST

Protecting Public Benefits in Settlement Planning

Attorneys will learn critical strategies for structuring settlements to preserve clients’ public benefits eligibility. Topics include first party trust requirements, the age 65 rule, court order considerations, structured settlements, Medicare Set-Asides, and settlement preservation trusts for vulnerable individuals.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 2:40 pm - 3:10 pm EST

Estate Planning Strategies to Preserve Benefits

This session covers proactive and reactive estate planning approaches for clients with disabled beneficiaries. Attendees will learn how to draft discretionary language in wills, trusts, and powers of attorney that allow fiduciaries to establish pooled special needs trust accounts while avoiding Medicaid payback requirements.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
Ben Tiefenback

Ben Tiefenback

Commonwealth Community Trust

Joanne Marcus

Joanne Marcus

Commonwealth Community Trust

Ben Tiefenback

Ben Tiefenback

Commonwealth Community Trust

Ben Tiefenback, Esq., is Counsel and Director of Client Services at Commonwealth Community Trust, a non-profit pooled trust administrator serving beneficiaries who are vulnerable or have a disability. His practice focuses on estate planning and trust creation and administration, with an emphasis on special needs trust planning.

Professional Involvement

Serves on the board of directors of the Alliance of Pooled Trusts (APT), the first coalition in the United States dedicated to uniting Pooled Trust providers in establishing best practices for the industry. Writes for CCT and other publications, including NAELA News, and speaks at CLE seminars and other events across the country.

Experience

Prior to joining CCT, Mr. Tiefenback was a trust and estate attorney serving Hampton Roads, the Middle Peninsula, and the Northern Neck. His practice focused on estate planning and trust creation and administration, with an emphasis on special needs trust planning due to personal experiences with special needs issues in his family.
Joanne Marcus

Joanne Marcus

Commonwealth Community Trust

Joanne Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT), a non-profit pooled trust administrator serving beneficiaries who are vulnerable or have a disability. She is an expert in the field of Pooled Special Needs Trust administration.

Education & Credentials

MSW

Recognition & Leadership

Published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network.

Professional Involvement

Frequently presents 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.

Experience

Has worked in nonprofit administration since 1978 and has led CCT since 2000.
Ben Tiefenback

Ben Tiefenback

Commonwealth Community Trust

Ben Tiefenback, Esq., is Counsel and Director of Client Services at Commonwealth Community Trust, a non-profit pooled trust administrator serving beneficiaries who are vulnerable or have a disability. His practice focuses on estate planning and trust creation and administration, with an emphasis on special needs trust planning.

Professional Involvement

Serves on the board of directors of the Alliance of Pooled Trusts (APT), the first coalition in the United States dedicated to uniting Pooled Trust providers in establishing best practices for the industry. Writes for CCT and other publications, including NAELA News, and speaks at CLE seminars and other events across the country.

Experience

Prior to joining CCT, Mr. Tiefenback was a trust and estate attorney serving Hampton Roads, the Middle Peninsula, and the Northern Neck. His practice focused on estate planning and trust creation and administration, with an emphasis on special needs trust planning due to personal experiences with special needs issues in his family.
Joanne Marcus

Joanne Marcus

Commonwealth Community Trust

Joanne Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT), a non-profit pooled trust administrator serving beneficiaries who are vulnerable or have a disability. She is an expert in the field of Pooled Special Needs Trust administration.

Education & Credentials

MSW

Recognition & Leadership

Published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network.

Professional Involvement

Frequently presents 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.

Experience

Has worked in nonprofit administration since 1978 and has led CCT since 2000.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Upcoming Live Online CLE Broadcasts

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Trusted by Legal Professionals

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Live stream programs

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

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10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Pending
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs