| Elder Law Institute VIII
Using Trusts in Planning for Disabled and Elderly Clients
Sponsored with the Massachusetts Chapter of the National Academy of Elder Law Attorneys
Please Note: This course has already
been held.
Date: Friday, March 15, 2002
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Elder Law Institute VIII takes an in-depth look at the role of trusts in elder and disability law. Traditional estate planning through trusts is now often integrally matched with contemporary benefit program eligibility issues. This requires a merging of fiduciary duties, tax issues, and often conflicting governmental regulations involving overlapping benefit programs.
Starting with an overview of the programs and types of trusts generally used, Using Trusts in Planning for Disabled and Elderly Clients, will explain, in detail, trust treatment by the Supplemental Security Income (SSI), Community MassHealth, and long term care MassHealth programs. Each type of trust will be reviewed in-depth, including the rules governing the drafting of such trusts and sample trust language.
You will learn how to administer trusts by lay and professional trustees to maintain benefit program eligibility, and how to organize your law practice to serve as a professional fiduciary. Each presentation will be accompanied by relevant fiduciary, estate, and income tax analysis commentary.
Elder law attorneys and personal injury attorneys will benefit from this intermediate level institute.
Attend and Learn:
- When and how Special Needs Trusts should be used?
- What are the changes in SSI and their impact on self-settled trusts?
- What is a Pooled Trust?
- What is involved in trust administration?
- When should you use Income Only or Nominee Trusts?
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Lisa Rosales Moura, Esq.
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Moura & Moura, Plymouth |
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Marjorie Suisman, Esq.
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Hill & Barlow, Boston |
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David H. Jones, Esq.
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Rosenberg Freedman & Goldstein, Newton |
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Robert A. Gorfinkle, Esq.
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Robert A. Gorfinkle Law Offices |
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Neal A. Winston, Esq., CELA
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Moschella & Winston, LLP, Somerville, MA |
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Emily S. Starr, Esq., CELA
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Starr Vander Linden LLP, Fitchburg and Worcester |
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Ken W. Shulman, Esq.
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Law Office of Ken W. Shulman |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome |
Carole Wagan, Director, Advanced Legal Studies
Arthur Stavisky, President, MA Chapter, NAELA
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| 9:05 |
Introduction |
- Historical context
- Overview of benefits programs
- Types of trusts used to hold assets
Emily S. Starr, Esq.
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| 9:20 |
Third Party Supplemental Needs and Third Party Special Needs Trusts |
- When and how should each be used?
- When are they appropriate in Medicaid planning?
- How can a family member create a trust without jeopardizing the beneficiary's public benefits?
- How do the Medicaid Safe Harbor Rules apply?
- What drafting provisions or restrictions should be included for the trust to comply with public benefits?
- What are the planning options when the trust is funded with assets of non-applicant/non-recipient third party?
Lisa Rosales Moura, Esq.
Marjorie Suisman, Esq.
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| 10:00 |
Eligibility for Benefits |
- SSI Rules-basic eligibility requirements; third party and self-settled trusts before the law change; self-settled trusts after the law change; transfer penalty relationship to trusts
- Community MassHealth Standard: basic eligibility requirements; relationship to third party and self-settled trusts
- CommonHealth: basic eligibility requirements; relationship to trusts
- Institutional MassHealth and Over Age 65 MassHealth: basic eligibility requirements; eligibility and trusts
Emily S. Starr, Esq.
Neal A. Winston, Esq.
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| 11:20 |
(d)(4)(a) Trusts |
- Who establishes?
- Who is the beneficiary?
- What is the source of law?
- Impact of Foster Care Independence Act
Ken W. Shulman, Esq.
Marjorie Suisman, Esq.
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| 12:15 |
Lunch (on your own) |
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| 1:15 |
Pooled Trusts |
- How to help your clients make the planning choice between using a (d)(4)(a) Special Needs Trust and a (d)(4)(c) Medicaid Pooled Trust administered by a charity
- What Medicaid Pooled Trusts are currently available in Massachusetts, and what is the procedure for enrolling in one?
- MassHealth treatment of Pooled Trusts, including recent policy developments in which the Division of Medical Assistance (DMA) has challenged the use of such trusts
- SSI treatment of Pooled Trusts, including policy developments limiting the ability of Pooled Trusts to pay funeral costs
David H. Jones, Esq.
Marjorie Suisman, Esq.
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| 2:00 |
Trust Administration - Choice of Trustees and Successor Trustees |
- Duties of trustees with respect to trust administration: investment of trust assets, making distributions to beneficiaries
- Making distributions of trust property from (d)(4)(a) trusts to SSI recipients: treatment of cash distributions; treatment of in-kind distributions for food, clothing, shelter
- Making distributions of trust property from (d)(4)(a) trusts to Medicaid recipients
- Trustee interaction with SSA and DMA
- Winding up a trust and final distributions of trust property
- Record Keeping
- Accounting
- Tax reporting
- Amending the trust for changing programs, laws, or states, and post-death distributions
Marjorie Suisman, Esq.
Emily S. Starr, Esq.
Neal A. Winston, Esq.
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| 3:15 |
Income Only and Nominee Trusts |
- What is an Irrevocable Income Only Trust? When should you use it?
- If real estate is involved, should you use a deed with a Retained Life Estate and a Special Power of Appointment?
- What is a Nominee Trust? When should you use it?
- Who should be the trustee of an Irrevocable Income Only Trust and/or Nominee Trust?
Robert A. Gorfinkle, Esq.
Marjorie Suisman, Esq.
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| Date: |
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Friday, March 15, 2002 |
| Tuition: |
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Tuition is $199; $159 for members of NAELA and attorneys admitted since 1999. Tuition includes the course book and a continental breakfast. Lunch is not included. $75 for course book only.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Any cancellations received 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT, ME & NY.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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