Agenda / Content Covered

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1:00 - 2:30, Patricia E. Kefalas Dudek

1. Special Needs Trusts Legislative and Regulatory Update
   1. Special Needs Trust Fairness and Medicaid Improvement Act
   2. ABLE Act
   3. Uniform Trust Laws and the Third Restatement
   4. State Trust Laws
   5. Benefits Eligibility as it Relates to SNTs
2. ABLE Act Special Needs Savings Accounts in a Nutshell
   1. What is an ABLE Account (529A Account)? - Coverage, Contribution Limit and Maximum Amount
   2. Who Qualifies for a 529A Account (Definition of "Disability" for Purposes of a 529A)
   3. How to Set One Up
   4. What Counts as a Qualified Expense?
   5. Penalties and Income Tax on Nonqualified Expenses
   6. Account Management Considerations

2:45 - 4:15, Robert F. Brogan

3. Special Needs Trusts (SNTs) Construction
   1. First Party vs. Third Party
   2. Trustee Selection and Trust Administration
   3. What Counts as a Qualified Expense?
   4. Sample SNT Document Review
   5. What Happens if the Beneficiary Moves to a Different State
   6. Tax Implications of SNTs
4. Preserving Benefits Eligibility and Accounting for Medicaid Estate Recovery Rights

Accreditation Details:

ROBERT F. BROGAN is president of the Brogan Law Group, a boutique practice focused exclusively on elder law, special needs planning, asset protection, estate & trust planning administration and related tax matters. 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 Alliances' 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.

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).