Program Chairs & Presenters:
Heather B. Poster
Becker, Hickey & Poster, S.C.
Milwaukee
Meghan Teigen
WisPACT, Inc.
Madison
Faculty:
Peter E. Grosskopf
Grosskopf Law Office, LLC
Eau Claire
Elizabeth A. Heiner
Boardman & Clark LLP
Madison
Barbara S. Hughes
Christenson Johnson, LLC
Fitchburg
Mary E. O’Byrne
O'Byrne Law LLC
Lutherville, MD
Catherine A. Seal
Kirtland & Seal, LLC
Colorado Springs, CO
8:00 a.m. : Registration
8:30 a.m. : Welcome and Overview of WisPACT
Meghan Teigen
8:35 a.m. : An Update on the latest SSA information relevant to special needs practitioners
Mary E. O’Byrne
9:35 a.m. : Best Practices when reporting to SSA/Medicaid
Peter E. Grosskopf
10:10 a.m. : Break
10:25 a.m. : Decanting to a WisPACT Trust
Elizabeth A. Heiner
11:10 a.m. : Case Law Update on Special Needs Trusts
- Recent regional and national cases involving Special Needs Trusts
- Practice Tips
Peter E. Grosskopf
11:25 a.m. : Panel Discussion: Counseling clients contemplating a Special Needs Trust
- Set proper expectations for your clients
- Specific tips for SSI beneficiaries
- Specifics tips for LTC MA recipients
Mary E. O’Byrne, Heather B. Poster, & Meghan Teigen
12:05 p.m. : Lunch (on your own)
1:00 p.m. : Piercing the Corporate Veil
Rebecca R. DeMarb, Timothy F. Nixon
1:00 p.m. : Third Party Special Needs Trusts: More than Just Testamentary Dispositions
- When and when not to use 3rd party SNTs
- Essential beneficiary information to gather and decisions to make with the client that impact drafting
- Testamentary, sub-trust or standalone? When should the SNT be made irrevocable?
- Income tax variations to consider
- Flexible drafting to accommodate future changes
Barbara S. Hughes
2:15 p.m. : Break
2:30 p.m. : Decision making with/for Adults with Diminished Capacity including guardianship/conservatorship and supported decision making
Catherine A. Seal
4:00 p.m. : Program Concludes
What is WisPACT?
Wisconsin Pooled & Community Trusts, Inc. (WisPACT) provides for the special needs of persons with disabilities without endangering their eligibility for public benefits or placement on waiting lists. These benefits include entitlement programs such as Supplemental Security Income, Medical Assistance, Social Security Disability Insurance, and Medicare. The benefits also include home and community-based services, such as the Community Integration, Options, and Support Programs. WisPACT, Inc., a Wisconsin nonprofit corporation, establishes and manages the trusts.
- Familiarize yourself with best practices for reporting to the Social Security Administration and Medicaid
- Understand the proper ways of decanting to a WisPACT trust
- Know how to best counsel clients considering a Special Needs Trust
- Explore recent cases on Special Needs Trusts and key takeaways for your practice
- Stay up-to-date on the latest Social Security Administration information impacting special needs practitioners
- Learn the essentials of Third-Party Special Needs Trusts beyond testamentary disposition
- Find out more about guardianships, conservatorships, and supported decision making
- Elder law attorneys
- Adult and Minor Guardians ad Litem
- Probate lawyers
- Family law attorneys
- Social Security lawyers
- General practitioners
Catherine Anne Seal is the current president of the National Academy of Elder Law Attorneys, Inc. (NAELA). She is a partner in the law firm of Kirtland & Seal, LLC, in Colorado Springs and is one of only 10 attorneys in Colorado designated a Certified Elder Law Attorney by the National Elder Law Foundation.
Considered a national authority on guardianships, Attorney Seal is a member of the American Bar Association’s Real Property, Probate and Trust Law Section. She received her law degree from the University of Colorado Law School and holds a Graduate Certificate in Gerontology from the University of Colorado – Colorado Springs.
Mary E. O'Byrne is the owner of O’Byrne Law, LLC, a practice concentrating in special needs and estate planning, and advocacy for people with disabilities. She teaches frequently on these topics for the Maryland State Bar Association and other state and national educational forums. Admitted to the Maryland bar, she is a member of the Special Needs Alliance (currently serving on the board of directors) and the National Academy of Elder Law Attorneys (NAELA). Mary serves on the board of directors of NAMI-Metro Baltimore. She is an adjunct professor at the University of Baltimore School of Law.
Since 2013, she has led the Special Needs Trust Advocates group in meeting with the Social Security Administration. She served on the Governor’s 2015 Task Force on ABLE Accounts. She was the first Executive Director and Trustee of the First Maryland Disability Trust, a pooled asset special needs trust for people with disabilities. In 2016, Mary was recognized by Super Lawyers.