Advanced Special Needs Trusts, incl. 1 Hour of Ethics [2019 Edition]


CLE Credits earned: 2 GENERAL / 1 ETHICS (or 2 LAW & LEGAL / 1 ETHICS for WA state)

This advanced course will aid the practitioner already familiar with disability law in assisting their clients navigate difficult regulatory schemes while preserving wealth for the use of the client and not disturbing necessary benefits. Discussions of current state of the law as well as ethical considerations rounds out this update of the Advanced Special Needs Trust planning course.

Key topics to be discussed:

•   Detailed information regarding types and formation of special needs trusts
•   Specific drafting examples and analysis
•   Discussion of alternatives to special needs trusts including ABLE Act and use of the Affordable Care Act
•   Review of public benefits eligibility and information to successfully meet client goals
•   Ethical considerations when dealing with the disabled client and family

Date / Time: July 18, 2019

•   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 and are view-able for up to one year.

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Select your state to see if this class is approved for CLE credit.

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Original Broadcast Date: March 14, 2019

Kyla Groff Kelim, Esq. is an elder law attorney and principal of Aging in Alabama, an elder law firm located in Fairhope, Alabama, and prolific regional and national speaker, dedicating her practice to topics of interest to seniors, their families, caregivers, and professionals assisting them, to protect their 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. Mrs. Kelim earned her Bachelor of Science from the University of New Orleans and Juris Doctor from the Cumberland School of Law, where she served on the Cumberland Law Review. She has been practicing law for more than twenty five years in Florida and Alabama. Mrs. Kelim lives in Fairhope, Alabama with her husband, Patrick, and their two sons, 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 Analysis
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. Alternatives to SNTs
a) Using the Affordable Care Act
        i. Can your client with disabilities choose private health insurance through the ACA?
        ii. Coverage for Persons with Pre-Existing Condition
        iii. Elimination of Annual or Lifetime Caps
        iv. Coverage for Children Up to Age Twenty-Six
        v. Limits on Out-of-Pocket Payments
        vi. Subsidies to Purchase Private Health Insurance
        vii. Benefits of Private Health Insurance for Special Needs Individuals
        viii. When Remaining on Medicaid may be Preferred
        ix. Medicaid Expansion – Know Your State
                • Changes to Asset/Resource Test
                • Section 1915(c): Waiver for Long-Term, Non-Institutional Care
b) ABLE Acccounts
        i. ABLE Act: Federal Rules and Related Proposed Federal Legislation
        ii. State ABLE Programs Progress
        iii. ABLE Account Eligibility
        iv. Contribution Limits
        v. Qualified Expenses

Section IV. Navigating Public Benefits Eligibility
a) Medical Assistance: Medicaid
b) Supplemental Security Income (SSI)
c) Medicare and Social Security Disability Insurance (SSDI)
d) HUD Housing
e) Other Benefits
f) Assessing Beneficiary’s needs
g) Setting realistic expectations
h) Avoid Pitfalls

Section V. Ethics
a) Who is the client?
b) Conflicts and Duties
c) Confidentiality
d) HIPAA and related disability issues
e) Appropriately representing the disabled client