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Special Needs Trusts Handbook (1-year Online Subscription)

Special Needs Trusts Handbook (1-year Online Subscription)

Name: Special Needs Trusts Handbook (1-year Online Subscription)
Brand: Wolters Kluwer Legal & Regulatory U.S. (Online)
SKU: 10066290
Availability: InStock
Author: Thomas D. Begley, Jr.; Angela E. Canellos
ISBN: 10066290

Edited by Thomas D. Begley, Jr. · Angela E. Canellos

Wolters Kluwer Legal & Regulatory U.S. (Online)

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ISBN-13: 10066290
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
Format: Online , 1156 pages
Jurisdiction: U.S. ? Countri(es) for reference only

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Special Needs Trusts Handbook is a two-volume, comprehensive resource that enables you to handle the complex requirements of drafting and administering trusts for clients who are mentally or physically disabled, or who wish to provide for others with disabilities. This one-of-a-kind reference enables you to determine which trust is appropriate, how to draft each trust to cover specific issues, and how to administer each trust - making certain that your client maintains public benefits while still receiving funds from the trust.

An emerging new field for most practitioners, the area of special needs trusts requires a single, reliable reference. Special Needs Trusts Handbook fills that need completely. You gain instant access to:

Clear analysis of all aspects of special needs trusts
Instructions and practice tips on how to define and meet each client’s needs
Practical tools for properly administering special needs trusts
Step-by-step guidance on what needs to be done, when, why, and by whom
All the advice you need to coordinate the benefits and needs of the incapacitated
Help in determining if your state is an SSI state, non-SSI state, 209(b) state—and more!
A full understanding of the two types of special needs trusts —third-party and self-settled
Complete coverage of structured settlements
Clarification of the various public benefits programs, including Medicaid, Section 8 Housing, Social Security, Medicare, and more
Analysis and guidance regarding tax provisions
Numerous examples to illustrate reliable solutions to key problems
Extensive guidance on drafting various instruments
A single, time-saving resource that eliminates the need to search across numerous references whenever a new question arises

Chapter 1. PLANNING FOR PEOPLE WITH DISABILITIES

1.01 Special Needs Planning/General
1.02 Common Disabilities and Support Groups
1.03 Americans with Disabilities Act
1.04 Life Care Planning
1.05 Residential Alternatives
1.06 College
1.07 Employment
1.08 Miscellaneous Tax Considerations—Families of Disabled Persons
1.09 Representative Payee
1.10 Adoption Assistance
1.11 Commitment/Mental Illness
1.12 Worker's Compensation
1.13 Vacations

Chapter 2. PUBLIC AND PRIVATE BENEFIT PROGRAMS FOR PEOPLE WITH DISABILITIES

2.01 Introduction
2.02 Supplemental Security Income (SSI)
2.03 Medicaid
2.04 Medicaid Waiver Programs
2.05 Social Security Benefits, Including Disability Income (SSDI)
2.06 Medicare
2.07 Federally Assisted Housing
2.08 Supplemental Nutrition Assistance Program (SNAP)
2.09 Veterans Benefits
2.10 Temporary Assistance for Needy Families (TANF)
2.11 Children's Health Insurance Program (CHIP and CHIPRA)
2.12 High-Risk Insurance Pools § 2.13 Private Programs Assisting Persons with Disabilities
2.14 Public Benefits Comparison Chart
Appendix 2-1 (A) Business Arrangement Form (B) Room and Board Contract
Appendix 2-2 Work Rules for Title II and SSI—Comparison of Terms

Chapter 2A. HEALTH CARE REFORM

2A.01 Introduction
2A.02 Private Insurance Reform
2A.03 Medicare Provisions
2A.04 Medicaid
2A.05 The Impact of the ACA on Special Needs Clients
2A.06 The Impact of the ACA on Special Needs Trusts
Appendix 2A-1 Timeline of Major Medicaid Provisions in the Affordable Care Act
Appendix 2A-2 Closing the Doughnut Hole Chart

Chapter 3. ESTATE PLANNING

3.01 The Basics
3.02 Lifetime Gifts
3.03 Federal Estate Tax
3.04 State Estate Taxes
3.05 State Inheritance Taxes
3.06 Chart of Estate, Inheritance, and Similar Tax Laws for All 50 States and the District of Columbia
3.07 Planning to Avoid State Death Taxes
3.08 Estate Planning for Married Same-Sex Couples
3.09 Financial Plan
3.10 Effect of Bankruptcy on Inheritance of Heir
Appendix 3-1 Washington Will
Appendix 3-2 Advance Directive
Appendix 3-3 POLST Order
Appendix 3-4 General Durable Power of Attorney
Appendix 3-5 Psychiatric Advance Directive
Appendix 3-6 Organ Donation Form
Appendix 3-7 Disposition of Remains
Appendix 3-8 Authorization for Final Disposition Instructions
Appendix 3-9 Spousal Lifetime Access Trust (SLAT)

Chapter 4. SPECIAL NEEDS TRUSTS: GENERAL

4.01 Two Types of Special Needs Trusts
4.02 Special Needs Trusts Compared to Other Trusts
4.03 POMS Considerations When Drafting a Special Needs Trust
4.04 Some Major Issues Involved in a Special Needs Trust
4.05 The Decoupling of SSI and Medicaid
4.06 Comparability Between the SSI and the MA Eligibility Rules
4.07 Trustee Provisions
4.08 Written Advice to Parties
4.09 Establishing or Reforming a Trust Through Court Intervention
Appendix 4-1 Memorandum Explaining Special Needs Trust
Appendix 4-2 SSI Program Circular
Appendix 4-3 Special Report—2009 Revisions to the Social Security Administration POMS Relating to Special Needs Trusts
Appendix 4-4 The Begley Lawyer Alert
Appendix 4-5 Chart Comparing Trustees and Trust Protectors

Chapter 5. THIRD-PARTY SPECIAL NEEDS TRUSTS

5.01 Third-Party Special Needs Trusts
5.02 POMS Considerations
5.03 Tax Considerations
5.04 Qualified Disability Trust
5.05 Special Considerations
5.06 Funding
5.07 Letter of Intent
5.08 Community Fund Raisers
5.09 Anatomy of a Third-Party Special Needs Trust
5.10 How to Use the Appendix
Appendix 5-1 Third-Party Special Needs Trust
Appendix 5-2 Third Party Support Trust with Special Needs Provisions
Appendix 5-3 Letter of Intent
Appendix 5-4 Memorandum to Trustee Explaining Special Needs Trust

Chapter 6. SELF-SETTLED SPECIAL NEEDS TRUSTS

6.01 Practical Considerations
6.02 Drafting Issues
6.03 Matrimonial Actions
6.04 Pre-OBRA Self-Settled Special Needs Trusts
6.05 Funding Issues with Respect to Self-Settled Special Needs Trust
6.06 How to Use the Appendix
Appendix 6-1 PI System Check Plan
Appendix 6-2 Quick Screen
Appendix 6-3 Self-Settled Special Needs Trusts Questionnaire
Appendix 6-4 Initial Letter to PI Attorney
Appendix 6-5 Engagement Letter
Appendix 6-6 Self-Settled Special Needs Trust
Appendix 6-7 Invoice
Appendix 6-8 Letter to Trustee: Sign Trust
Appendix 6-9 Memorandum Explaining Special Needs Trust
Appendix 6-10 Letter to Social Security Administration Requesting Approval of Trust
Appendix 6-11 Letter to State Medicaid Agency Requesting Trust Approval
Appendix 6-12 Letter to State Medicaid Agency Filing Trust
Appendix 6-13 Brief
Appendix 6-14 Letter to Medicaid Requesting Payoff of Medicaid Lien
Appendix 6-15 Letter to Medicaid Enclosing Payoff of Medicaid Lien

Chapter 7. STRUCTURED SETTLEMENTS

7.01 How Does a Structured Settlement Work?
7.02 Taxation
7.03 When Should a Structured Settlement Be Considered?
7.04 Advantages of Structured Settlement to the Parties
7.05 Disadvantages of Structured Settlement
7.06 Designing the Structure
7.07 Social Security Administration Treatment of Structured Settlements
7.08 Commutation of a Structured Settlement
7.09 Factoring a Structured Settlement
7.10 Structuring Attorneys' Fees
7.11 Structured Settlements in CasesNot Involving Physical Injuries
7.12 The Effect of the Deficit Reduction Act of 2005 on Structured Settlements
7.13 Estate Taxation of Structured Settlements
7.14 Rated Age
7.15 Quality of Insurance Company
7.16 Government Bond Funds
7.17 The Settlement Planner
7.18 Structured Settlements Involving Minors and Incapacitated Persons
7.19 Issues Arising After Issuance of Structure
7.20 Structured Settlement vs. Lump Sum in Special Needs Trusts
7.21 The Dark Side of Structured Settlements
7.22 Chart—Impact of Structured Settlements on Public Benefits
7.23 Estate Planning with Structured Settlements
7.24 Commonly Asked Questions for Structured Settlements
7.25 Structured Settlement/Settlement Trust
7.26 Trade Associations
Appendix 7-1 Chart—Impact of Structured Settlements on Public Benefits

Chapter 8. GUARDIANSHIP OF A MINOR OR A PERSON WITH DISABILITIES

8.01 Introduction
8.02 General Provisions
8.03 Guardianship of Minors
8.04 Guardianships for Incapacitated Persons
8.05 Protection of Property
8.06 Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act
8.07 Alternatives to Guardianships
8.08 Specific State Changes
8.09 National Guardianship Association
Appendix 8-1 Adult Guardianship Statutory Table of Authorities (6/11)

Chapter 9. ADMINISTRATION OF A SPECIAL NEEDS TRUST

9.01 Preliminary Matters
9.02 Trustee Duties
9.03 Uniform Prudent Investor Act
9.04 Distribution
9.05 Special Assets
9.06 Loans to the Beneficiary with Disabilities
9.07 Termination of Trust
9.08 Reporting Requirements
9.09 Taxpayer Responsibilities
9.10 Special Trustee Challenges
Appendix 9-1 Caregiver Employment Agreement
Appendix 9-2 Sample Loan Agreement for Motor Vehicle

Chapter 10. OVERVIEW OF ETHICAL ISSUES IN SPECIAL NEEDS PLANNING

10.01 Client-Lawyer Relationship
10.02 ABA Model Rules of Professional Conduct
10.03 Transactions with Persons Other than Clients
10.04 Ethical and Malpractice Issues Related to the Establishment of Supplemental Needs Trusts (SNTs)
10.05 Other Related Ethical Issues

Chapter 11. THE PERSONAL INJURY SETTLEMENT CONSULTANT

11.01 Introduction
11.02 How the Settlement Is Achieved
11.03 The Life Care Plan
11.04 The Personal Injury Settlement Consultant
11.05 Counseling Session
11.06 The Effect of Bankruptcy on aPersonal Injury Settlement
11.07 Pre-Settlement Lending in Personal Injury Cases
11.08 The Interplay Between the Worker's Compensation Settlement and the Settlement of the Third PartyLiability Case
11.09 Probate Issues in Personal Injury Matters
11.10 How Special Needs Trusts, Settlement Preservation Trusts, and Structured Settlements Impact Public Benefits
Appendix 11-1 Agenda for Counseling Session
Appendix 11-2 Budget
Appendix 11-3 Letter to Client and Trustee Confirming Counseling Session
Appendix 11-4 Letter to PI Attorney Memorializing Counseling Session
Appendix 11-5 Questionnaire—Personal Injury Settlement Consultant
Appendix 11-6 Settlement Trust
Appendix 11-7 Settlement Trust with Special Needs Trust Provisions
Appendix 11-8 Settlement Trust with Special Needs and Medicare Set-Aside Provisions
Appendix 11-9 Effect of Personal Injury Settlement on Public Benefits/Cash, Structure, Special Needs Trust, Settlement Trust
Appendix 11-10 Medicare and Medicaid/Lien/MSA Chart
Appendix 11-11 Court Order Establishing Special Needs Trust

Chapter 12. MEDICARE SET-ASIDE ARRANGEMENTS

12.01 Medicare Secondary Payer Act
12.02 Medicare Set-Aside (MSA) Arrangements
12.03 Medicare, Medicaid, and SCHIP Extension Act of 2007
12.04 When is an MSA Required?
12.05 Reporting and Submission
12.06 What Cases Should Be Submitted for Review?
12.07 Prescription Drugs
12.08 Appeal
12.09 Administration of Medicare Set-Aside Arrangements
12.10 Countable Asset for SSI and Medicaid
12.11 National Alliance of Medicare Set-Aside Professionals, Inc.
Appendix 12-1 Letter from CMS Re: Rated Age, May 20, 2008
Appendix 12-2 MSA in Third Party Liability Cases—CMS Information by Region
Appendix 12-3 Letter from CMS Re: Administering Your Medicare Set-Aside Arrangement (MSA)
Form 12-1 MSA System Check Plan
Form 12-2 Engagement Letter—Medicare Set-Aside Arrangement
Form 12-3 MSA Quick Screen
Form 12-4 Plan Point MSA Intake Form
Form 12-5 Self-Settled Special Needs Trust with Medicare Set-Aside Provisions
Form 12-6 Medivest Services and Fee Schedule
Form 12-7 Letter to Client Re: Medicare Secondary Payer Statute

Chapter 13. INCOME TAXATION OF LITIGATION PROCEEDS

13.01 Origin of the Claim Test
13.02 Personal Injury Cases
13.03 Matrimonial
13.04 Employment Recoveries
13.05 Will Contests
13.06 Confidentiality Agreements
13.07 Attorney's Fees
13.08 Medicare Surtax
Appendix 13-1 Chart—Income Taxation of Litigation Proceeds

Chapter 14. LIEN RESOLUTION IN PERSONAL INJURY CASES

14.01 Introduction
14.02 Medicaid Liens
14.03 The Medicare Lien
14.04 Medicare Advantage/Medicare Part D
14.05 ERISA Medical Insurance/Subrogation
14.06 State Workers' Compensation
14.07 Federal Employee Compensation Act
14.08 Hospital Liens
14.09 Veterans Administrative Claims
14.10 Federal Employee Health Benefit Act
14.11 U.S. Medical Care Recovery Act
14.12 Welfare Liens
14.13 Mental Health Liens
14.14 Charity Care
14.15 Victims of Crime Compensation
14.16 Child Support
14.17 Federal Tort Claims Act
14.18 Vaccine Settlements
14.19 Derivative Claims
14.20 Future Benefits
14.21 Private Insurance Subrogation Claims
Appendix 14-1 Medicaid Lien Reduction Check Plan
Appendix 14-2 Medicaid Lien Reduction Supplemental Intake Form
Appendix 14-3 Medicaid Lien Reduction Calculation
Appendix 14-4 Letter to State Medicaid Agency
Appendix 14-5 Consent to Release Form (see last page of document)
Appendix 14-6 CMS Memorandum—Asbestos Claims
Appendix 14-7 Quick Guide to Medicare Lien Resolution

Chapter 15. QUALIFIED SETTLEMENT FUNDS (QSFs)

15.01 What Is a Qualified Settlement Fund?
15.02 Advantages
15.03 Code Requirements
15.04 Types of Claims
15.05 Income Tax Considerations
15.06 Single Claimant
15.07 Using a Special Needs Trust with a Qualified Settlement Fund (QSF)
15.08 State Taxation
15.09 The 468B Trustee/Trust Administrator
15.10 Distributions
15.11 Structured Settlements
15.12 FDIC Insurance
15.13 Drafting § 15.14 Termination of a QSF APPENDIXES
Appendix 15-1 QSF Checkplan
Appendix 15-2 Qualified Settlement Fund (QSF) Questionnaire
Appendix 15-3 468b Trust Agreement/Qualified Settlement Fund
Appendix 15-4 Order Establishing QSF
Appendix 15-5 Order Authorizing Distributions from QSF
Appendix 15-6 Order Terminating QSF

Chapter 16. POOLED TRUSTS

16.01 Pooled Trusts
Appendix 16-1 CMS Memorandum Re: Transfer of Assets to Pooled Trust by Individuals over Age 65
Appendix 16-2 Wisconsin Decision on Transfers to Pooled Trusts
Appendix 16-3 Maryland Decision on Transfers to Pooled Trusts
Appendix 16-4 List of Pooled Trusts
Appendix 16-5 Trusts—Special Needs, Supplemental Needs, or Pooled Asset Special Needs Trusts—Public Benefits
Appendix 16-6 Durable Power of Attorney Provisions and Trust Provisions

Table of Cases

Table of Statutes

Index

About the Author

Thomas D. Begley, Jr. is a member of the firm of Begley & Bookbinder, P.C., with offices in Moorestown, Stone Harbor, and Lawrenceville, New Jersey, where he concentrates on elder law and estate planning. Mr. Begley is a Certified Elder Law Attorney and a Fellow of the National Academy of Elder Law Attorneys, and past chair of the Elder Law and Real Property, Probate, and Trust Law Sections of the New Jersey State Bar Association. He received his B.S. and his J.D. from Georgetown University.

Angela E. Canellos is an attorney in private practice, concentrating on the areas of law affecting the elderly and disabled, with an emphasis on Special Needs Trusts, Supplemental Security Income Law, Medicaid, Guardianships, and Probate. She is a Certified Elder Law Attorney, and is a member of the National Academy of Elder Law Attorneys. She received her B.A. and J.D. from the University of Wisconsin—Madison.

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