Top Ten Drafting Tips for 1st and 3rd Party Special Needs Trusts

Special needs planning is not just a third party and/or a first party special needs trust. It is not just estate planning. In this session, you will learn the basics of drafting a special needs trust, including suggestions for helpful additional provisions to include. You’ll also learn how to effectively prepare for and conduct the initial consultation, including topics you should cover in addition to estate planning, such as the who, what, why, where and how of accessing the Illinois “maze” of services for individuals with special needs.

Learn about Social Security Administration’s trust policy updates and review process for determining SSI eligibility.

Attorneys who prepare special needs trusts may be called in by personal injury attorneys to provide advice regarding the type of trust to use, allocation of a settlement, options for provision of support, the need for or eligibility for public benefits, management of liens and claims, investment models, and taxation. This presentation will provide an outline of the techniques crucial to providing this type of advice to these attorneys and the individuals and families that they represent, including an overview of Qualified Settlement Funds (QSF’s) and Medicare Set-Asides (MSA’s).

Originally presented as part of the 5th Annual Special Needs Institute