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The recent ABLE Act and proposed federal legislation on improving special needs trusts have changed financial planning for disabled clients, with new options potentially offering clients better outcomes with less complexity. Can you determine how ABLE accounts stack up against SNTs and when to use them? Do you have the latest information on benefits eligibility and how it interplays with financial planning for disability? This timely legal guide will give you the skills and knowledge to pick the right tool for your clients and execute it impeccably. Order today!
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ROBERT F. BROGAN is president of the Brogan Law Group, a boutique practice focused exclusively on elder law, special needs planning, and asset protection. Certified as an elder law attorney by the ABA-accredited National Elder Law Foundation, Mr. Brogan presently serves as a director on the Board of Directors of the Special Needs Alliance, an invitation-only national consortium of attorneys dedicated to special needs and disability law; and serves as co-chair of the Special Needs Alliance's Public Policy Committee. He served as a director on the Board of Directors of the National Academy of Elder Law Attorneys (NAELA). He also served as chapter president of the New Jersey NAELA. Mr. Brogan was chair of the Elder and Disability Law Section of the New Jersey State Bar Association; and he is a member of the Council of Advanced Practitioners (CAP), an invitation-only council comprised of innovators in the profession guiding the future of elder and special needs law. He served as chair of the Ocean County Bar Association's Elder Law Committee. Mr. Brogan is admitted to practice in the superior courts of New Jersey, the Federal District Court of New Jersey, and the United States Third Circuit Court of Appeals. He serves on the Public Policy Steering Committee of NAELA and was selected by the NAELA president to chair the ABLE Act Task Force. The New Jersey State Bar Association has twice awarded him the Legislative Service Award for his lobbying efforts in the fields of elder law and special needs. Mr. Brogan was an adjunct professor of law at the Georgetown University Law Center. He regularly lectures to other attorneys at the state and national level regarding Medicaid planning, planning for people with special needs, and the policy impact of healthcare issues on seniors and those with special needs. He has lobbied for positive legislative and regulatory developments on behalf of seniors and those with special needs at the state, congressional and presidential level. Mr. Brogan is the author of articles published by New Jersey Lawyer Magazine, the New Jersey Institute for Continuing Legal Education, Suffolk University School of Law, National Business Institute, the Special Needs Alliance, and the National Academy of Elder Law Attorneys. He earned his B.A. degree from Rutgers College and his J.D. degree from Rutgers School of Law.
JANE M. FEARN-ZIMMER is a shareholder with Flaster Greenberg, P.C., in Cherry Hill, New Jersey. She dedicates her practice to serving clients in the areas of elder and disability law, special needs trusts, asset protection, tax and estate planning, and estate administration. Ms. Fearn-Zimmer is the editor of The Elder Law Report, Including Special Needs Planning. In New Jersey, she is also recognized as a leader in the area of using Medicaid compliant annuities. She filed three separate federal district court lawsuits against the state of New Jersey on behalf of clients who used Medicaid compliant annuities in order to allow clients obtain Medicaid eligibility to assist in covering their long-term care costs. Each of the three cases involved the purchase of an immediate annuity pursuant to applicable Medicaid law in order to achieve Medicaid eligibility. In each case, the state of New Jersey denied Medicaid benefits. Ms. Fearn-Zimmer has presented on tax, special needs planning, Medicaid planning, guardianships, and estate planning topics. Representative publications include Planning with Medicaid Annuities, Estate and Financial Planning Council of Southern NJ, November/December 2014; Gay Marriage in Transition: Recent Developments in the Legal Rights of Same-Sex Couples, 183 N.J.L.J. 95 (January 9, 2006); and Special Needs Trusts Update, Estate and Financial Planning Council of Southern NJ, September/October 2010. She was a former federal judicial clerk to the Honorable John S. Unpingco, Chief Judge of the District Court of Guam, where she served on the Civil and Criminal Justice Reform Act committees for the District of Guam. Ms. Fearn-Zimmer has been admitted to the New Jersey Bar since 1996, and previously practiced civil litigation in New Jersey. She is a member of the New Jersey State Bar Association, the New Jersey Chapter of the National Academy of Elder Law Attorneys, the Burlington County Bar Association, the Gloucester County Bar Association, and is presently serving as the chair of the New Jersey State Bar Association's Elder and Disability Law Section. Ms. Fearn-Zimmer earned her B.A. degree from Chestnut College; her LL.M. degree in taxation, with distinction, from Temple University; and earned her J.D. degree from Rutgers School of Law.
PATRICIA E. KEFALAS DUDEK is the principal of Patricia E. Kefalas Dudek & Associates, and the past chair of the Elder Law & Disability Rights Section of the State Bar of Michigan. Her practice concentrates in elder law, Medicaid, estate planning, estates/trust administration, probate, administrative law and disability advocacy. Ms. Dudek’s practice includes advising and preparing estate planning documents, including special needs trusts, representation in Medicaid hearings to secure appropriate services, administration of estates, trusts, guardianship, conservatorship, and other protective arrangements and contested litigation in these areas. A prolific writer and lecturer on topics related to Medicaid, alternatives to guardianship and estate planning for people with disabilities, elders and their right to control their support services, Ms. Dudek was the author of the model contracts for Michigan’s Medicaid Self Determination Initiative. These contracts facilitate control over Medicaid service budgets and allows for creative solutions for housing and supports. Another creative solution used by Ms. Dudek on behalf of her clients is the use of a Pooled Account Trust for Medicaid planning. She was the first attorney in Michigan to draft one of these trusts, and to secure approval for Medicaid by both the Social Security Administration and the state of Michigan. Ms. Dudek earned her B.A. degree from Michigan State University and her J.D. degree from the Detroit College of Law (now the Michigan State University School of Law). She is a member of the Academy of Special Needs Planners, American Bar Association, State Bar of Michigan (member, Elder Law and Disability Rights Section), and a fellow of the National Academy of Elder Law Attorneys (NAELA).