Advanced Special Needs Trusts (2024 Edition)

Kyla Groff Kelim
Kyla Groff Kelim | Aging

Kyla Groff Kelim is an elder law attorney and principal of Aging in Alabama, an elder law firm in Fairhope, Alabama, and prolific regional and national speaker, dedicating her practice to consultation and advocacy on topics of interest to seniors, their families, caretakers and professionals assisting them, to protect their life’s work.

On-Demand: March 15, 2024

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MCLE Credit Information:

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3 hour CLE
Tuition: $245.00
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Program Summary

This advanced course will aid the practitioner already familiar with disability law in assisting their clients navigate difficult regulatory schemes while preserving wealth for the use of the client and not disturbing necessary benefits. Discussions of current state of the law as well as ethical considerations rounds out this update of the Advanced Special Needs Trust planning course.

Attorneys navigating the complex terrain of legal representation for disabled clients and their families must diligently adhere to a set of paramount ethical considerations. This involves a profound commitment to ensuring equitable access to justice while prioritizing the unique needs and vulnerabilities of individuals with disabilities.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Detailed information regarding types and formation of special needs trusts
  • Specific drafting examples and analysis
  • Discussion of alternatives to special needs trusts including ABLE Act and use of the Affordable Care Act
  • Review of public benefits eligibility and information to successfully meet client goals
  • Ethical considerations when dealing with the disabled client and family

Closed-captioning available

Speakers

Kyla Groff Kelim_FedBarKyla Groff Kelim, Principal | Aging

Kyla Groff Kelim is an elder law attorney and principal of Aging in Alabama, an elder law firm in Fairhope, Alabama, and prolific regional and national speaker, dedicating her practice to consultation and advocacy on topics of interest to seniors, their families, caretakers and professionals assisting them, to protect their life’s work. The firm and aims to protect their clients’ life’s work by proactive planning and assisting those in need due to catastrophic illness or injury as they navigate the often treacherous administrative schemes of nursing home Medicaid, Medicare and Social Security. Ms. Kelim provides consultations throughout the Southeast United States. She has practiced in Florida and Alabama for more than 30 years. Ms. Kelim earned her B.S. degree from the University of New Orleans and her J.D. degree from Cumberland School of Law at Samford University in Birmingham, Alabama. She lives in Fairhope with her husband, Patrick and their two sons, Payton and Pierce.

Agenda

I. Introduction to Special Needs Trusts (SNTs) | 2:00pm – 2:30pm

  • Types of Special Needs Trusts
  • Alternatives to SNTs
  • Aligning your client’s needs and goals with the regulations
  • Assessing the Beneficiary’s Disability and Needs
  • Determining How Much to, and NOT to, Place into Trust

II. Drafting the SNT: Sample Provisions Review and Analysis | 2:30pm – 3:00pm

  • Drafting the Letter of Intent – Why it’s Important
  • Essential Provisions of the Trust
  • Which Provisions to Avoid and Why
  • What Items can be Purchased with Trust Funds?
  • Funding In-Home Care
  • Ten Rookie Drafting Mistakes Everyone’s Made and Could Have Avoided
  • Revising Existing SNTs

Break | 3:00pm – 3:10pm

III. Alternatives to SNTs | 3:10pm – 3:40pm

  • Using the Affordable Care Act
    • Can your client with disabilities choose private health insurance through the ACA?
    • Coverage for Persons with Pre-Existing Condition
    • Elimination of Annual or Lifetime Caps
    • Coverage for Children Up to Age Twenty-Six
    • Limits on Out-of-Pocket Payments
    • Subsidies to Purchase Private Health Insurance
    • Benefits of Private Health Insurance for Special Needs Individuals
    • When Remaining on Medicaid may be Preferred
    • Medicaid Expansion – Know Your State
      1. Changes to Asset/Resource Test
      2. Section 1915(c): Waiver for Long-Term, Non-Institutional Care
  • ABLE Acccounts
    • ABLE Act: Federal Rules and Related Federal Legislation
    • State ABLE Programs Progress
    • ABLE Account Eligibility
    • Contribution Limits
    • Qualified Expenses

IV. Navigating Public Benefits Eligibility | 3:40pm – 4:10pm

  • Medical Assistance: Medicaid
  • Supplemental Security Income (SSI)
  • Medicare and Social Security Disability Insurance (SSDI)
  • HUD Housing
  • Other Benefits
  • Assessing Beneficiary’s needs
  • Setting realistic expectations
  • Avoid Pitfalls

Break | 4:10pm – 4:20pm

VI. Ethics | 4:20pm – 5:20pm

  • Who is the client?
  • Conflicts and Duties
  • Confidentiality
  • HIPAA and related disability issues
  • Appropriately representing the disabled client
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