National Conference
Friday, October 18, 2024
8:00 a.m. - 8:15 a.m.
Welcome and Announcements
8:15 a.m. - 9:00 a.m.
Updates from CMS
Gene Coffey (invited)
[Description Coming Soon]
9:00 a.m. - 9:45 a.m
Updates from SSA
Commissioner Martin O'Malley (invited)
[Description Coming Soon]
9:45 a.m. - 10:20 a.m
How CMS and SSA Work Together
Gene Coffey and Commissioner Martin O'Malley (invited)
[Description Coming Soon]
10:20 a.m. - 10:35 a.m.
Break and Visit with Sponsors and Exhibitors
Sponsored by InterActive Legal
10:35 a.m. - 11:25 a.m.
Lessons Learned: When a Trust Goes Bankrupt
Mark Munson, Megan Murray, and Steve Wirth
[Description Coming Soon]
11:25 a.m. - 12:15 p.m.
The Update
Elizabeth Friman and Robert Fechtman
A review of the year's most significant, interesting and/or quirky cases, and statutory or regulatory changes. join us for a fast-paced review of a bumpy year.
12:15 p.m. - 1:30 p.m.
Lunch
Sponsored by Advocacy Trust
1:30 p.m. - 2:20 p.m.
Breakout Session 1
- IEPs and Transition Plans
Janet Griffith
[Description Coming Soon] - Empowering Individuals with Special Needs: Harnessing AI in the Legal Representation of Clients with Special Needs
Melissia Riddle
The potential of AI to benefit people with special needs is exciting and far-reaching. Through the application of advanced technologies, AI has the capacity to enhance accessibility, foster independence, and improve the overall quality of life for individuals with disabilities. By leveraging AI driven solutions in areas such as assistive devices, communication tools, healthcare, education, and employment, people with disabilities can gain greater empowerment and inclusion in society. However, it is crucial to address ethical considerations, data privacy, and the need for inclusive design practices to ensure that AI solutions truly serve the diverse needs of individuals with disabilities. As AI continues to advance, it holds the promise of creating a more inclusive and equitable world for people of all abilities. - Clearing the Air
Ethan J. Ordog
Establishing, Funding and Administering a Special Needs Trust has its challenges. It is imperative that misinformation and misunderstandings are limited, particularly pertaining to the use of funds and allowable distributions, along with the scope of the administration of a Special Needs Trust. More importantly, professionals, and often the potential beneficiary and/or their family, may be confused by available options regarding the utilization of a Trust, care needs, as well as the impact on public benefits being received or which could be received. This session will focus upon the securing of intake that is imperative to the development of a comprehensive plan regarding the type of Trust which might be necessary, public benefits eligibility and the expectations regarding distributions, including annual budgets. The session will also focus on the interactions between professionals in the development of a comprehensive roadmap for the administration of funds received, long term realities of the assets which have been received and issues that will need to be addressed. The session shall further include the review of forms and documents which might be used in furtherance of the gathering of information, as well as the vital interactions with professionals and the families with whom they are working
2:25 p.m. - 3:15 p.m.
Breakout Session 2
- SNTs--Preserving the Residence and Other Real Estate: Separating Fact from Fantasy
Emily Kile and Elizabeth Friman
Families often wish that their loved one will be able to remain in the residence or enjoy the cabin long after the parents have died. The reality of the cost, shared ownership, and general change in circumstances may make that more difficult than expected. We will discuss issues we have experienced both in drafting to meet the client’s goals and the practical aspects of trying to meet those wishes. We look forward to a lively discussion about issue spotting, solutions and reality in these circumstances. - The Life of a Trust: Putting Together the Team
Mary O'Byrne and Panel
[Description Coming Soon] - Don’t Accept Mental Health Differences at Your Firm... Embrace Them!
Jeffrey Meyers
Could a new way of looking at mental health issues in the business world be key to stronger talent recruiting and increased profitability? DS Architecture’s Jeffrey Meyers has committed his firm to building a cognitively diverse workforce and has discovered significant benefits to successfully accommodating mental health conditions. From ADHD to Bipolar Disorder to Depression, mental health affects thousands of the most creative, productive, and essential professionals. Research shows that embracing the mental health of your employees has a powerful positive influence on efficiency, productivity, and employee retention rate. Meyers will share his personal story of creating an environment where neurodivergent people thrive and how to use a cognitively diverse workforce as a competitive advantage.
• How to make mental health accommodation a foundation of a firm’s culture
• Mental health diversity commitments today’s most sought-after talent wants to see from potential employers
• Unexpected project execution strengths found in many with mental health differences
• Creating outlets for discussion of mental health
• Educating an entire business on destigmatizing mental health conditions
3:15 p.m. - 3:30 p.m.
Break and Visit with Sponsors and Exhibitors
Sponsored by InterActive Legal
3:30 p.m. - 4:20 p.m.
Breakout Session 3
- Divorce and SNTs
Ethan J. Ordog and Beth Manes
Divorce rates continue to be on the rise, with even a higher number of divorces reported between couples who have a special needs child. While there are challenges for any individual dealing with a special needs child, the institutions of a divorce between a couple with a special needs child creates various logistical considerations in the dissolution of the marriage, including estate and trust planning, benefits eligibility and the care and custody of the child. This session will focus on practice points and considerations related to the settlement of the divorce, including necessary points which should be considered by the couple, along with an overview of required financial contributions and the direction thereof from the couple, while identifying and considering a plan for insurance coverage, estate planning documents, guardianship, and custody. - Beyond Goodbye: Trust Considerations in Death and Dying
Megan Brand and Christina Strong
Through a blend of legal and regulatory analysis and case studies, participants will explore the understanding of the medical and legal implications of determining how death is declared and the impact of how and when it occurs. We will navigate the landscape of organ donation – both through planning and after death to safeguard the legacy of our beneficiaries. Finally, we will delve into cultural competency around death and dying and the other more practical steps to consider in closing out a trust due to death of the beneficiary. - Using Pooled Special Needs Trusts as a Safety Net in Estate Planning
Rachel Baer
Pooled special needs trusts provide an essential safety net in estate plans. Attorneys who draft estate plans must expect the unexpected—a client’s unforeseen disability, a fiduciary who becomes ill, a contentious relationship between the beneficiary and the fiduciary, or assets that are depleted below the corporate fiduciary’s minimum. By including additional authority in documents, attorneys-in-fact, executors, and trustees can react to unforeseen circumstances and create and fund pooled special needs trusts for clients and their loved ones without the need for court involvement. When setting up an individual special needs trust, if the trustee is given proper authority, then trust assets can be transferred to a pooled special needs trust sub-account if the trustee becomes unable or unwilling to serve. Further, special needs planning, and estate planning in general, can also be strengthened by giving fiduciaries the authority to create, fund, and manage ABLE accounts.
4:20 p.m. - 5:10 p.m.
Best Practices in Special Needs Planning: Insights using Case Studies
Amy O'Hara, Rebecca Kueny, Heather Nadler, and Crystal West Edwards
Special needs planning is a critical aspect of ensuring that individuals with disabilities receive the necessary support and resources to lead fulfilling lives. A skilled lawyer is an integral component of any special needs plan. This panel of skilled special needs lawyers will utilize case studies to provide valuable insights into effective strategies and potential pitfalls, offering a practical perspective on implementing best practices.