ABLE Accounts and Special Needs Trusts: Ensuring eligibility for supplemental security income (SSI) and Medicaid

Jenny McInerney
Jenny McInerney | McInerney Law Firm

Jenny grew up in Shelby County, Alabama. She graduated from the University of Alabama at Birmingham, with honors in 2001 (B.A., magna cum laude) and 2003 (M.A., summa cum laude), Indiana University School of Law in 2008 (J.D., cum laude), and Washington University in St. Louis in 2022 (LL.M. in Taxation, summa cum laude). She is licensed to practice law in Alabama and Mississippi. She is a registered Mediator in the state of Alabama.

On-Demand: September 10, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

For individuals with disabilities or their caregivers, navigating financial planning while ensuring continued eligibility for essential public benefits like Supplemental Security Income (SSI) and Medicaid can be daunting. This presentation will present information regarding both ABLE accounts and special needs trusts (SNTs) which offer valuable solutions. While SNTs have been a traditional option, ABLE accounts provide a simpler alternative. Notably, the passage of SECURE Act 2.0 in 2022 extended the age limit for establishing an ABLE account, making it accessible to a broader range of individuals. While there are differences between SNTs and ABLE accounts, under certain circumstances it might be beneficial to utilize both.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Types of Special Needs Trusts and comparison
    • Pooled trusts
    • First party trusts
    • Third party trusts
  • Government benefits and planning
  • Reporting requirements
    • Medicaid
    • Social Security Administration (SSA)
  • Integrating Special Needs Trusts and ABLE accounts

Closed-captioning available

Speakers

Jenny McInerney_FedBarJenny McInerney | McInerney Law Firm

Jenny grew up in Shelby County, Alabama. She graduated from the University of Alabama at Birmingham, with honors in 2001 (B.A., magna cum laude) and 2003 (M.A., summa cum laude), Indiana University School of Law in 2008 (J.D., cum laude), and Washington University in St. Louis in 2022 (LL.M. in Taxation, summa cum laude). She is licensed to practice law in Alabama and Mississippi. She is a registered Mediator in the state of Alabama.

Jenny’s practice is devoted to helping families plan. Jenny helps her clients develop a thoughtful estate plan to protect their loved ones in the event of death or disability. She uses her knowledge and experience to help families avoid problems and disputes during life transitions.

Jenny advises her clients on Wills, Trusts, Special Needs Planning, Medicaid planning, Elder law, Supported Decision Making Agreements, Guardianships/ Conservatorships (and alternatives), Prenuptial and Postnuptial Agreements, Durable Powers of Attorney, Advanced Health Care Directives, Estate Administration, Trust Administration, Estate and Trust Litigation, and minor children Name Changes.

Jenny has a passion for special needs planning – which is estate planning for the benefit of someone who is disabled or who may be/or will be receiving needs-based government assistance. Special needs planning can greatly enhance such an individual’s life. It is also necessary to be even more deliberate and thoughtful in a special needs plan, as we are providing for someone who will likely never be able to care for themselves. Jenny is the mother to two children with special needs, which provides her with a unique perspective in advising her clients – she understands the reality of being a parent to an adult with special needs and to a young child with special needs.

Jenny’s practice is devoted to helping small businesses. Many of the families Jenny serve own and operate small businesses here in our community. Jenny regularly handles business entity formation, general business and corporate law matters, and litigation. She also has extensive experience in non-profit formation, compliance, and management.

She is an active member of the community. She is the current President of the Board of Directors of the Greater Alabama 310 Board, Inc, the Co-President of the Board of Directors of Special Siblings, a member of the Board of Directors of Down Syndrome Alabama, a member of the Board of Directors of The Arc of Shelby County, a member of the Board of Directors of Shelby Humane Society, and a member of the Board of Directors of 25:35. Jenny is the den leader for Troop 320 – Tigers.

Jenny is a graduate of Leadership Birmingham (2023), Leadership Shelby County (2011), Partners in Policymaking of Alabama (2021), and the Birmingham Bar Association’s Future Leaders Forum (2011). Jenny is the author of the blog for Alabama’s ABLE program. Jenny has three children, three rescue dogs and is married to Kerry.

Agenda

I. Types of Special Needs Trusts and comparisons | 2:00pm – 2:30pm

II. Government benefits and planning | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Reporting requirements | 3:10pm – 3:40pm

IV. Integrating Special Needs Trusts and ABLE accounts | 3:40pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Approved for Self-Study Credits
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Approved for Self-Study Credits
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Pending CLE Approval
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Approved for Self-Study Credits
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Approved for Self-Study Credits
2 General

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