Special Needs & Disability

All 4 Special Needs Trust 2025 sessions:
- The Intersection of Special Needs Trusts and Guardianship Estates
- Public Benefits and Special Needs Trusts
- Common Problems and Solutions in Administering Special Needs Trusts
- Best Practices for Special Needs Trust Administration

Navigate the legal framework of special education with this in-depth guide to litigation, dispute resolution, and advocacy under the Individuals with Disabilities Education Act and related statutes

Acting as a trustee of a Special Needs Trust is complex and governed by numerous state and federal regulations. Every trustee needs a step-by-step guide to understand their duties under the ITC, duties to disclose and report to SSA and Medicaid, duties to account to beneficiaries and public benefits agencies, how to budget, invest and manage distributions (including using a TrueLink Card), and how to utilize care planning and care managers to fulfill their fiduciary duties. You will walk away from this presentation with helpful tips and checklists you can immediately put into practice for the benefit of your clients.

Administering Special Needs Trusts can be particularly problematic because it involves caring for beneficiaries with special needs and the risk of losing critical benefits. This program will cover the common problems attorneys encounter in administering special needs trust including finding a good trustee, managing the beneficiary’s expectations, handling distributions, handling a failed trust, and dealing with creditors. This program will also cover common solutions including decanting, trust termination, NJSAs, guardianships, changing trustees, as well as using pooled trusts, corporate trustees, trust protectors, care managers, and considering ABLE accounts as an alternative. Understanding the problems and solutions in administering special needs trusts will enable you to better advise your clients on creating a special needs trust in addition to solving problems after they arise.

Everyone knows that Special Needs Trust protect assets from being counted for public benefits eligibility, but which public benefits are doing the counting and how are they counting? The eligibility rules for each program are different and can feel like an endless wormhole to practitioners. End the confusion and learn the basics of eligibility for Medicaid, Medicare, SSI, SSDI, HUD, Link, and PASS. Understanding the eligibility rules for these programs will enable you to advise your clients on whether a special needs trust is right for them or a loved one.

Guardianship estates involving special needs trusts have special issues. Learn how to establish 1st part SNTS in both adult and minor guardianships, how to handle a ward’s beneficial interest in a 3rd party SNT, obtaining court approval for PI settlements payable to an SNT, handling the payment of annuity income to an SNT, managing distributions for minor and adult wards, and the notice and accounting issues particular to both probate and special needs trusts.

This handbook is a comprehensive guide designed to lead attorneys through issues involved in planning for individuals with special needs and in establishing special needs trusts.