• Harry Margolis/Intro to Special Needs Planning. Margolis.pptx
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As the first program in the 12-part series, this one-hour webinar will introduce the practitioner to the field of special needs planning, describing the types of client situations attorneys are likely to see and the frameworks helping clients meet their goals of protecting family members with special needs. The program will introduce the principal public benefits programs used by individuals with special needs as well as the typical trusts used to manage assets such individuals may already own or which may be left to them by third parties. It will begin a discussion of how such trusts should be managed, including a discussion of the choice of appropriate trustees for special needs trusts.

This program will serve as an introduction and provide a framework for the topics and themes that will be discussed in considerably greater depth in the subsequent webinars in the series. While it will set the stage for subscribers to the full series, it will also serve as a primer for those practitioners who hope to familiarize themselves with special needs planning without becoming experts themselves.

HARRY S. MARGOLIS founded Margolis & Bloom, LLP, a six-lawyer Boston law firm, in 1987. He is a graduate of Swarthmore College and New York University School of Law. His practice concentrates on elder law, planning for individuals with disabilities, estate administration and guardianship. Mr. Margolis edits The ElderLaw Report, a monthly newsletter for elder law attorneys published by Aspen Law & Business. He also wrote the ElderLaw Forms Manual and served as founding editor of The ElderLaw Portfolio Series, both also published by Aspen. Mr. Margolis is a Fellow of the National Academy of Elder Law Attorneys and of the American College of Trust and Estate Counsel. He has served on the adjunct faculty of Boston College Law School and has been designated a "Super Lawyer" since 2005. Mr. Margolis is the founder and President of ElderLawAnswers as well as a co-founder of the Academy of Special Needs Planners.

• David Lillesand/ASNP SSI Webinar Lillesand 2011.pptx
• David Lillesand/Lillesand - Materials with Exhibits Attached.pdf

This Academy of Special Needs Planners (ASNP) presentation focuses on one aspect of the Social Security Act, the Supplemental Security Income (SSI) program for old age and disability benefits under Title XVI of the Act, a welfare program administered by the Social Security Administration.

Our discussion does not cover the Social Security Retirement, Survivors and Disability Insurance Benefits under Title II of the Act, also known as Old Age, Survivors and Disability Insurance (OASDI). These two programs, along with Medicaid and Medicare, make up the "big four" of Social Security Act programs that impact the lives of almost all Americans. A matrix briefly describing the inter-relationships of these programs is found in Appendix A of this outline.

David J. Lillesand is a founding partner of Lillesand and Wolasky, P.L., attorneys with a West Florida office in the Tampa/Clearwater area, and South Florida office in Miami, Florida. The firm represents disabled children, adults and their families in Social Security/SSI disability claims, Medicaid, Special Needs Trusts, Guardianship and Estate Planning matters.

David graduated from the University of Minnesota in 1966 with a degree in Political Behavior, and the University of Wisconsin Law School in 1972, and began representing individuals with SSI disability claims in 1974, the very first year the federal program started. He has been a Peace Corps Volunteer in Colombia, South America, for two years, and a full-time domestic volunteer in the VISTA program working with migrant farmworker families in Laredo, Texas, for one year. Thereafter, David spent seven years in Legal Services programs in New Jersey and Florida, including two years as Executive Director of Florida Rural Legal Services.

Since beginning private practice in 1979, he has been a frequent lecturer for the National Organization of Social Security Claimant Representatives (NOSSCR), the National Academy of Elder Law Attorneys (NAELA), the Florida State Guardianship Association and the Florida Bar's Continuing Legal Education programs in the areas of Social Security disability, SSI, Special Needs Trusts, guardianship, and legal and financial planning for disabled children and adults. He is a Charter Member of the Academy of Special Needs Planners. As part of his practice David has authored and presented inservice training on administration of Special Needs Trusts to trust officers of some of the country's largest banks. He is the co-author, with his partner, Marjorie Wolasky, of the 90 page chapter on "Special Needs Trusts" in the Florida Bar's Lexis/Nexus CLE publication, Administration of Trusts in Florida (6th edition, 2010). David maintains a law blog on Florida Special Needs law at www.DavidLillesand.com.

David is trilingual, speaking English, Spanish and POMS.

• Raymond Falcon/Medicaid materials 2011.doc
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Persons with Special Needs often require significant health care. Since many are unable to work, they do not have medical coverage to meet theses health care needs and will need to rely on government programs to provide coverage. Medicaid, a financial means-tested program, often serves as their primary health insurance. We will discuss the eligibility requirements for Medicaid, including financial eligibility (assets and income), residency and other components of eligibility. We will also review some of the basic areas of care that are covered by Medicaid and how to avoid loss of Medicaid.

Raymond J. Falcon, Jr. graduated from Columbia College in 1975 and from Yale Law School in 1978. After Yale, Ray joined the New York City law firm of Webster & Sheffield where he concentrated in litigation. In 1982, he left Webster & Sheffield to found the New York City law firm of Falcon & Hom. At Falcon & Hom, he concentrated in the corporate, real estate, and trusts and estates fields. In 1985, he joined Degussa Corporation, a multi-billion dollar, multi-national chemical corporation, as a Senior Attorney. In addition to his responsibilities at Degussa, he also served as Corporation Counsel to the Village of Port Chester, New York from 1987 to 1988. In 1989, he became Vice President, Secretary, General Counsel and a member of the Executive Committee of Degussa. In 1994, he returned to private practice in his own firm in Northern New Jersey. In 1995, he co-founded Falcon & Singer.

Ray has published articles in Hispanic Business and Better Business magazines. Ray is admitted to practice in New Jersey, New York and Florida and is a principal of the firm. Ray has a peer review rating of AV® from Martindale-Hubbell, which is Martindale-Hubbell's highest rating for both legal ability and ethical standards.

• Sanford Mall/Understanding Public Benefits 12.14.11.pptx
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Public benefits planning is at the core of a special needs practice. Much time and attention goes in to understanding and planning for Medicaid and SSI. While these are 2 very important programs that can benefit persons with special needs, special needs lawyers need to be aware of the full array of government benefits programs for which their clients may be eligible.

Even when a person with special needs is eligible for entitlement benefits (not need-based) special needs trust planning can still be invaluable. When and how to use special needs planning and coordination of benefits will be discussed. This program will cover eligibility for Social Security Disability Income (SSDI), Medicare (Parts A, B, C, & D), VA Pension (needs based) and Compensation (entitlement), and the needs based Section 8 program.

Sanford (Sandy) J. Mall, J.D., CELA, VA Accredited Attorney is the founder and senior partner of Mall Malisow & Cooney, PC - The Holistic ElderCare, Special Needs & Estate Planning Law Firm located in Farmington Hills, Oakland County, Michigan. He is also the past Chairperson of the Elder Law & Disability Rights Section of the State Bar of Michigan, and he is nationally board certified as an elder law attorney (CELA) by the National Elder Law Foundation and a VA Accredited Attorney.

Mr. Mall is a contributing editor and faculty for the Institute of Continuing Legal Education (ICLE) and is presently writing a practice manual for Michigan elder law attorneys tentatively titled "Michigan Elder Law Practice" and planned to be published by Thomson/Reuters in 2011. Sandy's credentials including his CELA designation further distinguishes him in the practice of law as a nationally recognized expert in his practice areas of estate planning, elder law, special needs disability planning and advocacy, and estate administration. He was also selected by Worth Magazine as one of the Top 100 Lawyers in the country and has been designated a Super Lawyer.

• Kevin Urbatsch/Using First Party SNTs - Planning for First Party Money.pptx
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If a person with a disability has assets or receives assets (typically from an inheritance, litigation recovery, or life insurance policy) while at the same time receiving needs based public benefits (e.g., Supplemental Security Income (SSI) or Medicaid), the benefits recipient will lose his or her public benefits unless something is quickly done. In 1993, Congress reacted to this situation by authorizing the use of first party special needs trusts (SNT). The two types of first party SNTs are the (d)(4)(A) SNT and the Pooled SNT. However, establishing or joining a Pooled SNT may be cost prohibitive depending on the amount of assets at issue. It is up to the practitioner to provide the available options and allow the decision maker to decide which option meets his or her needs.

This seminar will provide a good overview of the available options and how best to advise the client whether an SNT is the most appropriate option.

Kevin Urbatsch is a principal of the boutique estate planning firm, Myers Urbatsch P.C. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the California State Bar Board of Legal Specialization. He has extensive experience in all forms of estate planning with a particular specialty in providing for the planning needs of individuals with disabilities and their families. In 2009, Mr. Urbatsch was named KRON-TV's Best of the Bay estate planning attorney for San Francisco and Northern California. In 2010, Mr. Urbatsch was named a 2010 Northern California Superlawyer.

Mr. Urbatsch is the Co-Executive Editor of the NAELA Journal. A compilation of scholarly articles on elder law and special needs law for the over 5,000 member elder law organization. He is also the Contributing-Editor and partial author of CEB's publication titled Special Needs Trusts - Planning, Drafting, and Administration which is the nation's leading publication on estate planning for persons with disabilities.

From 2006 to 2009, Mr. Urbatsch was an Attorney-Editor for CEB (the Continuing Education of the Bar) in its estate planning group. He was responsible for the quality of California's legal reference guides to other California estate planning attorneys. He was also the Attorney-Editor for several other CEB titles including: California Powers of Attorney and Health Care Directives; California Guardianship Practice; Handling a Probate; Capacity and Undue Influence: Assessing, Challenging, and Defending; and Transferring Property through Probate.

• Michele Fuller/ASNP Drafting the d4a presentation. Fuller.pptx

First party snt's are utilized when a disabled individual needs to establish or maintain Medicaid Assistance. The d4A snt is one of two types of self-settled (first party) special needs trusts. In her presentation, Michele will guide you through the basics of how to evaluate when a d4A snt is appropriate, choosing the trustee, whether to use a trust protector, drafting techniques, how to obtain probate court approval, and funding the trust.

Michele P. Fuller is the founder of Michigan Law Center, P.L.L.C. and Advocacy, Inc., a non-profit corporation. Located in Shelby Township, Michigan, her probate practice focuses on elder law, special needs planning, and post-settlement planning. She is a frequent presenter for attorneys, paralegals, service providers and parent groups and regularly publishes articles for probate and trial lawyers on special needs trust and settlement issues.

Michele is involved in organizations at the local, state and national levels. She serves as Treasurer of the Macomb County Probate Bar Association and editor and contributor to its quarterly publication. At the state level, she is a council member for the Elder Law and Disability Rights Section (ELDRS) of the State Bar of Michigan and is integrately involved in reforming the currently pending Pooled Trust Act. Michele is an active member of the National Academy of Elder Law Attorneys (NAELA) and Academy of Special Needs Planners (ASNP). Michele regularly contributes to the ASNP Special Needs Settlement Planning bi-monthly newsletter. Most recently she was a presenter at the Academy of Special Needs Planners annual conference and is a presenter for webinars on special needs planning for its members. She was also elected co-chair of the settlement planning committee, is a member of the model trust committee, and is representing the Academy as an exhibitor at the American Association for Justice national conference this summer.

• Theresa Varnet/Special Needs Trust Management (00896527).pdf
• Theresa Varnet/Trust Administration Overview.pptx
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Administration of a Special Needs Trust is complex. It is critical that distributions be made in such a manner that the beneficiary maintains public benefits. The trustee must be aware of the rules pertaining to each public benefit program to which the beneficiary is entitled or may become entitled. These benefits are typically SSI, Medicaid, Veterans Benefits, Food Stamps, Utility Assistance, Section 8 Housing, In-Home Support Services, and other state benefits, such as Group Homes.

In addition to knowledge of public benefits law, the trustee must understand the Prudent Investor Act, the Principal and Income Act, Trustee's Duties under state trust law, and must understand the nature of the beneficiary's disability and the needs of the beneficiary and his family. Assets in a properly-drafted Special Needs Trust are non-countable as resources. The issue is whether distributions are considered income to the beneficiary that will reduce or eliminate public benefits. While the trust should not be a "parking lot" for assets, it is also important to consider whether the assets in the trust will last for the lifetime of the disabled beneficiary at a given level of expenditure.

Theresa Varnet has been an advocate for persons with disabilities for over 25 years. In addition to being a certified teacher, licensed social worker and a graduate of the DePaul University College of Law, she is the parent of a disabled adult daughter. She has served as Social Services Director in a residential school for profoundly retarded children, Coordinator for a Special Education Cooperative and as a Citizen Advocacy/Disability Rights Coordinator. While living in the Sultanate of Oman, she assisted the Omani Ministry of Social Affairs in developing the first preschool program for children with handicapping conditions.

Ms. Varnet has served as President of the Board of Directors of the Massachusetts Arc and as a Director on the Massachusetts Chapter of AAIDD. She is currently a member of the American Bar Association, the Worcester Bar Association and the National Academy of Elder Law Attorneys. Ms. Varnet is licensed in both Massachusetts and Illinois and serves as counsel to the firm of Fletcher, Tilton & Whipple, P.C.. She lives in Northborough, Massachusetts with her husband and continues to advocate for her daughter who now lives in a shared living program.

• Vincent Russo/2012 revised asnp special needs - taxes-with footersv2.pptx

TBA

VINCENT J. RUSSO, Managing Shareholder of Vincent J. Russo & Associates, P.C., Long Island's Signature Elder Law, Special Needs and Estate Planning Law Firm with offices in Westbury, Islandia, Lido Beach, and Woodbury, New York has championed the rights of seniors and people with special needs since 1985.

His professional achievements include an invitation to join the WHITE HOUSE 2005 Conference on Aging as an at-large delegate. This invitation followed two other major events in Washington, D.C. as a representative of the National Academy of Elder Law Attorneys (NAELA):(1) Testimony before the UNITED STATES SENATE COMMITTEE ON AGING on the proposed, detrimental changes in the Medicaid Program and (2) Featured Speaker at the Policy Forum of the CATO INSTITUTE on the subject of "Medicaid and the Long Term Care Crisis."

Joining a special group of New York attorneys, Vincent Russo assumed recent and active leadership as Co-Chair of the New York State COMPACT Working Group, introducing new and innovative programs that would benefit people who depend on medical assistance within the Medicaid structure. He also joined the prestigious, invitation only, Council of Advanced Practitioners (CAP) of the National Academy of Elder Law Attorneys.

Vincent Russo is a Founding Member and Past Chair of the Elder Law Section of the New York State Bar Association (NYSBA), a co-founder of the Academy of Special Needs Planners and Past Board Member and Present Chair of the Guardianship Committee of United Cerebral Palsy of Nassau and a Co-Founder and Officer of The Theresa Alessandra Russo Foundation for children with special needs.

Vincent Russo is a nationally recognized speaker and noted authority on Elder Law, Special Needs and Estate Planning. His distinction in Elder Law and Special Needs has made him one of the most prominent attorneys in his field.

Mr. Russo earned his law degree from Fordham University and his LLM in taxation from Boston University. He is admitted to the New York, Massachusetts and Florida State Bars, and is a Certified Elder Law Attorney by the National Elder Law Foundation.

• Nancy Spain/Trust Termination PPT. Nancy Spain.pptx
• Nancy Spain/Trust Termination_Spain.pdf

There are numerous issues to consider at termination of a special needs trust. Among the issues we will consider at this session are: avoiding undesirable terminations; terminating or modifying trusts when necessary; traps for unwary trustees; how to ensure appropriate payback to the state Medicaid agency; considerations unique to first party trusts funded with settlement proceeds; the new POMS regarding early termination clauses in first party trusts.

Nancy Spain practices in the area of general and probate related law. Prior to moving to Chicago in 1981, Ms. Spain was engaged in private law practice in Cleveland, Ohio. Since relocating here, Ms. Spain worked in the trust department of what was then Lake Shore Bank before practicing with the firm. She is a graduate of Connecticut College and of Case Western Reserve University's College of Law and has completed several courses in estate planning in the LL.M. program at John Marshall Law School.

An active volunteer in her community, Ms. Spain served for many years as a member of the Junior League of Chicago and Glenkirk Association, advisor to various Family Service agencies in Lake County, and, most currently, as a board member of the Illinois Branch of the International Dyslexia Society (ORTON). She has been actively involved in drafting legislation and working with state and local bar committees and state legislators to effect the passage of legislation involving probate and guardianship issues. In addition to speaking on guardianship and trust matters before state and local bar and bankers associations, Ms. Spain counsels Chicago area corporate entities regarding their duties as legal guardian of a disabled person or as Trustee of Special Needs Trusts

• Thomas Begley/ASNP - Third Party SNT for Feb 15th webinar 2012.ppt
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The third party special needs trust is a common method of protecting inheritances of children with special needs. This versatile trust can be either testamentary or inter vivos. This course will discuss the uses of Third Party trusts, when inter vivos third party trusts are appropriate, and how to counsel clients on the choice of trust. We will also discuss the basic legal requirements of the Third Party Trust, common drafting provisions and choices clients have in determining how and when to fund the trust.

THOMAS D. BEGLEY, JR. is a member of the firm of Begley, Begley & Bookbinder, P.C., with offices in Moorestown, Stone Harbor, Princeton, NJ and Huntingdon Valley, PA, where he concentrates in Elder & Disabilities Law and Estate Planning.
Bar Memberships: He is a member of the American Bar, New Jersey State Bar, Burlington County Bar Associations and the National Academy of Elder Law Attorneys. He is Past Chair of the Elder and Disability Law Section and the Real Property Probate and Trust Law Sections of the New Jersey State Bar Association.
Publications: He is co-author of the Special Needs Trust Handbook published by Aspen Publishing Company; he is a co-author of Representing the Elderly Client, Aspen Publishing Company; co-author of Representing the Elderly or Disabled Client; Forms and Checklists with Commentary, Warren, Gorham & Lamont; coauthor of Profitable Law Firm Management, New Jersey ICLE; the author of How to Develop and Manage a Successful Trust and Estate/ElderLaw Practice, New Jersey ICLE; he is a member of the Editorial Board of Estate Planning Magazine; contributing author of New Jersey Elder Law Practice, New Jersey ICLE; and contributing author The Elder Law Portfolio Series, Aspen Publishing Company.
Quotations: Mr. Begley has been quoted in The Wall Street Journal, Business Week, The Washington Post and Money Magazine.
Education: Mr. Begley received his B.S. from Georgetown College and J.D. from Georgetown Law Center.
Certifications and Awards: Mr. Begley is a Certified Elder Law Attorney, a Fellow of the National Academy of Elder Law Attorneys and recipient of the NAELA President's Award. He is Past President and a founding member of the Special Needs Alliance, a national network of lawyers dedicated to serving families of persons with disabilities. He is a recipient of the Alfred E. Clapp award from the New Jersey Institute for Continuing Legal Education (NJ ICLE). He has been awarded the Marilyn Askin Lifetime Achievement Award by the Elder and Disability Law Section of the New Jersey State Bar Association.
Rating: Mr. Begley is AV rated by Martindale-Hubbell® and is recognized as a New Jersey Super Lawyer®.