Schedule
Welcome and Overview of Wispact
Kevin Hayde
Unique Assets and the Wispact Unique Asset Policy
Peter J Wall, Kevin Hayde
- Purpose of pooled special needs trusts (PSNTs)
- Preservation of assets and public benefits
- Compliance with Medicaid, SSI, and related regulations
- Collaboration with beneficiaries, families, attorneys, and advisors
- Evaluation, valuation, and risk assessment of unique assets
- Trustee responsibilities and management challenges
Fair Hearing Decisions & Case Law Update
Alicia Ratajczak, Benjamin Scott Wright
- Notable fair hearing decisions from the past year
- Recent case law developments and MEH updates
Break
ABLE Accounts: Basics and Updates
Peter J Wall
- Overview of ABLE accounts in special needs planning
- Eligibility requirements and qualified beneficiaries
- Program benefits, limitations, and compliance issues
- Recent ABLE account updates
- Practical use of ABLE funds to enhance quality of life
- Coordination with special needs trusts and trustee strategies
Wispact Processes & Best Practices
Emily Klunick, Lindsey Schilling, Kristi L. Papez
- Handling difficult distributions
- Common application errors
Lunch (On your own)
Rethinking Capacity and Consent: Supported Decision-Making in practice-One Family’s Journey Beyond Guardianship
Mary Ceretti
- Supported Decision-Making as an alternative to guardianship
- Longitudinal family case study
- Capacity development through experience and risk-taking
- Long-term outcomes beyond representation
- Expansion of self-determination over time
Break
Ethics
Bridget M. Erwin, Hamza Jaka
- Capacity to create a first-party Wispact Trust – what’s required for capacity and what do we do when a prospective client has a guardian of the person but no guardian of the estate: SCR 20:1.14 – Client with Diminished Capacity
- Confidentiality and navigating multiple client relationships when a third-party Wispact Trust for a disabled individual dovetails into a first-party Wispact Trust for that same individual who has capacity: SCR 20:1.7 – Conflict of Interest Current Clients, SCR 20:1.6 – Confidentiality
- Communication challenges and accommodations – what’s expected of us as attorneys? SCR:1.4 – Communication