Special Needs Trust Essentials (Retired)

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Special Needs Trusts (SNTs) allow individuals with disability to benefit from assets held within the trust while preserving their access to means-tested public benefits.  There are several types of SNTs that may be used to preserve benefits while accomplishing other goals of the person with disability or his/her family members.  The type of benefits the person with disability receives in large part govern the essential terms of the SNT.  This course covers the difference between means-tested and entitlement benefits and how to determine what type of benefits your beneficiary is receiving; the essential considerations for drafting SNTs that will pass scrutiny by the entities that determine benefits eligibility; and what education the attorney is required to provide to the Trustee when executing the SNT.

 

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Event Details

Course Type

Course Instructor

Amelia Crotwell, Esq.

Original Date Of Course

General Credits

0

Course Description

Special Needs Trusts (SNTs) allow individuals with disability to benefit from assets held within the trust while preserving their access to means-tested public benefits.  There are several types of SNTs that may be used to preserve benefits while accomplishing other goals of the person with disability or his/her family members.  The type of benefits the person with disability receives in large part govern the essential terms of the SNT.  This course covers the difference between means-tested and entitlement benefits and how to determine what type of benefits your beneficiary is receiving; the essential considerations for drafting SNTs that will pass scrutiny by the entities that determine benefits eligibility; and what education the attorney is required to provide to the Trustee when executing the SNT.

Principles

  • Special/Supplemental Needs Trusts (SNTs) and means-tested benefits
  • Types of SNTs: self-settled and third-party
  • Important considerations in drafting SNTs
  • Advising the SNT Trustee: the attorney’s responsibility in teaching the Trustee how to act in accordance with Federal Law

Syllabus

  1. Types of Public Benefits and important distinctions
    • The Importance of Client Intake
    • Means-tested vs. Entitlements
    • SSI
    • Medicaid
    • Temporary Assistance to Needy Families (TANF)
    • Qualified Medicare Beneficiaries (QMBs)
    • Section 8 Housing
    • Food Stamps
    • State Children’s Health Insurance Program (CHIP)
    • Veteran’s Benefits
  2. Types of SNTs
    • Self-settled vs. third-party
    • D(4)(a) trusts
    • D(4)(c) trusts
  3. Important considerations in drafting SNTs
    • Availability of assets
    • Transfer issues
    • Court invasion
    • Spendthrift clauses
    • Termination and revocation provisions
    • Residual beneficiaries
    • POMS and state laws
    • Trustee provisions
    • Treatment under Medicaid and estate recovery
  4. Advising the SNT Trustee
    • Distributions to Beneficiaries and third parties
    • Maintaining records
    • Managing assets

Instructor

Amelia Crotwell, Esq.

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