Attention:

Estate Planning for Individuals with Disabilities: What You Need to Know


Level: Advanced
Runtime: 91 minutes
Recorded Date: February 07, 2018
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Agenda

1:00 pm - 2:30 pm
  • Disabilities for an adult and child
  • Disabled Child Benefit
  • Public Benefit: Cash Programs (SSI and SSDI)
  • Public Benefits: Medicaid
  • Guardianship/Conservatorship
  • Protecting SSI and Medicaid
  • Uses for a Special Needs Trust or ABLE account
  • ABLE Act Accounts
  • Trust Planning and POMS (Program Ooperation Manual System)
Runtime: 1 hour and 30 minutes
Recorded: February 7, 2018

Description

Estate planning for persons with disabilities involves significant challenges for the attorney. This webinar will cover the issues that practitioners need to consider and the options available to help clients accomplish their objectives.

The panelist will discuss discuss:
  • Government benefit programs and other services
  • Guardianship—when it is necessary and what the alternatives are
  • Special needs trusts—the different types of trusts and when each is appropriate
  • ABLE accounts

This program was recorded on February 7th, 2018.

Provided By

American Bar Association

Panelists

Mary Elizabeth Anderson

Associate
Wyatt Tarrant & Combs LLP

Mary Elizabeth Anderson is an associate at Wyatt, Tarrant  & Combs LLP.

Robert B. Fleming

Partner
Fleming & Curti, PLC

Robert Fleming is the author of The Elder Law Answer Book, now available from Aspen Publishers. He is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert is a member of the State Bar of Arizona (he was President of the Young Lawyers Section in 1978, Chair of the Probate and Trust Section in 1992, and chair of the Mental Health and Elder Law Section in 1999), and the Pima County Bar Association (he was President in 1986). Robert is also a member of the Special Needs Alliance, the premier national organization of lawyers working with “special needs” trusts, and the Elder Law Alliance, an elite national group of a dozen lawyers with a common interest in improving the practice of elder law.

While serving as the Pima County, Arizona, Public Fiduciary (the Tucson area’s public guardian’s office), Robert was one of the litigants in the Arizona Supreme Court case of Rasmussen v. Fleming, which established the right of incompetent patients (through their guardians) to refuse life-sustaining treatment when there is little prospect of recovery. He has also been actively involved in reviewing care at the Arizona State Hospital, and served as the Chair of the City of Tucson’s city retirement plan for eight years.

Fleming & Curti, P.L.C. prides itself on use of up-to-date technology in the practice of law. In addition to speaking regularly on the use of Time Matters™ case management and HotDocs™ document assembly software, Robert also manages an independent e-mail listserver for Time Matters™ users; interested lawyers and staff members can subscribe online. You may want to check out the TimeMatters list archives.

Bernard A. Krooks

Foudning Partner
Littman Krooks, LLP

Bernard A. Krooks is a founding partner of the law firm Littman Krooks LLP and Chair of its Elder Law and Special Needs Department. Mr. Krooks is a nationally-recognized expert in all aspects of elder law and special needs planning. He is the immediate Past President of the Board of Directors of the Arc of Westchester, the largest agency in Westchester County serving people with intellectual and developmental disabilities and their families.

Mr. Krooks is a member of the NAEPC Estate Planning Hall of Fame and is the recipient of the Accredited Estate Planner Distinguished designation. Mr. Krooks is past President of the Special Needs Alliance, a national, invitation-only, not-forprofit organization dedicated to assisting families with special needs planning. He is past President of the National Academy of Elder Law Attorneys (NAELA), a Fellow of NAELA, past Chair of the NAELA Tax Section and past Editor-in-Chief of the NAELA News. In addition, he is certified as a Certified Elder Law Attorney? (CELA?) by the National Elder Law Foundation and is an Accredited Estate Planner ?(AEP). He is a founding member and past President of the New York Chapter of NAELA. In 2007, his firm received the NYSARC employer of the year award for employing people with disabilities. In 2008, he received the Chapter’s Outstanding Achievement Award for his lifelong work on behalf of seniors and those with disabilities. In 2011, his firm received the Family Friendly Employment Policy Award from the Westchester Women’s Bar Association. In 2016, he was named Advocate of the Year Award from the Arc of Westchester Children’s School for Early Development.

Mr. Krooks is past Chair of the Elder Law and Special Needs Section of the New York State Bar Association (NYSBA) and past Editor-in-Chief of the Elder Law Attorney, the newsletter of the NYSBA Elder Law and Special Needs Section. He also is a member of the Trusts and Estates Law Section and Tax Section of the NYSBA. Mr. Krooks co-authors (1) a chapter in the NYSBA publication Guardianship Practice in New York State entitled “Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning, Including Transfer of Assets, Supplemental Needs Trusts & Protection of Disabled Family Members;” and (2) the NYSBA publication Elder Law, Special Needs Planning and Will Drafting. He is chair of the elder law committee of the editorial advisory board of Trusts & Estates Magazine and serves on the editorial boards of Exceptional Parent Magazine and Leimberg Information Services.

Mr. Krooks, a sought-after expert on elder law, special needs planning and estate planning matters, has been quoted in The Wall Street Journal, The New York Times, Newsweek, Forbes, Investment News, Financial Times, Money Magazine, Smart Money, Worth Magazine, Kiplinger’s, Bloomberg, Consumer Reports, Wealth Manager, CBS Marketwatch.com, Lawyer’s Weekly USA, Reader’s Digest, Bottom Line, The Journal of Financial Planning, The New York Law Journal, The Daily News, New York Post and Newsday, among others.

He has testified before the United States House of Representatives and the New York City Council on long-term care issues. He also has appeared on Good Morning America Now, National Public Radio, Sirius XM Radio, CNN, PBS, NBC, and CBS evening news, as well as numerous other cable television and radio shows.

Mr. Krooks is past President of the Estate Planning Council of Westchester, a member of the Advisory Board of the National Association of Estate Planning Councils Foundation and the Hudson Valley Estate Planning Council. He is Liaison to the Commission on Law and Aging, to the Senior Lawyers Division and to the National Guardianship Network. He is the Group Chair of the Elder Law & Special Needs Planning Group of the Real Property, Trust & Estate Law (RPTE) Section of the American Bar Association (ABA) and is also a member of the Tax Section of the American Bar Association; a member of the Bar of the Supreme Court of the United States, and a member of the American Institute of CPAs. Mr. Krooks is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and is Chair of its Elder Law Committee. He is an Adjunct Professor at NYU Center for Finance, Law & Taxation and is a member of the NYU Institute on Federal Taxation Advisory Board. Mr. Krooks has presented on a variety of elder law and special needs topics at the Heckerling Institute on Estate Planning, the premier estate planning conference in the country.

Mr. Krooks serves on the New York-Presbyterian Hospital Planning Giving Advisory Council and the Wolters Kluwer Financial and Estate Planning Advisory Board. He has also served on the Board of Directors of the Alzheimer’s Association Westchester/Putnam Chapter and the Bioethics Advisory Committee of New York Hospital. He is a member of the Blythedale Children’s Hospital Planned Giving Professional Advisory Board, a member of the legal advisory committee of the Evelyn Frank Legal Resources Program of Selfhelp Community Services, Inc., and a board member of the Caregiver’s Insights Foundation. He is listed in the Best Lawyers in America, New York Super Lawyers, Who’s Who in America, the New York Area’s Best Lawyers, New York Magazine and The New York Times, and the Top 25 Westchester, New York Super Lawyers.

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