Program Chairs
Jon Fischer
McCarty Law LLP
Appleton
KC Watson
Wispact, Inc.
Madison
Program Chairs & Presenters
Kevin Hayde
Wispact, Inc.
Madison
Kristi L. Papez
Wispact, Inc.
Madison
Presenters
Mary Ceretti
Disability Rights Wisconsin
Milwaukee
Bridget M. Erwin
Hager Dewick & Zuengler, S.C.
Green Bay
Hamza Jaka
Gardiner Koch Wesberg & Wrona
Lake Geneva
Emily Klunick
Wispact, Inc.
Madison
Alicia Ratajczak
McCarty Law LLP
Appleton
Lindsey Schilling
Wispact, Inc.
Madison
Peter J. Wall
True Link Financial Advisors, LLC
Denver, CO
Benjamin Scott Wright
Wright Elder Law
New Richmond
8:30 am Welcome and Overview of Wispact
Kevin Hayde
8:45 am Unique Assets and the Wispact Unique Asset Policy
- 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
Peter J Wall, Kevin Hayde
9:35 am Fair Hearing Decisions & Case Law Update
- Notable fair hearing decisions from the past year
- Recent case law developments and MEH updates
Alicia Ratajczak, Benjamin Scott Wright
10:25 am Break
10:40 am ABLE Accounts: Basics and Updates
- 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
Peter J Wall
11:30 am Wispact Processes & Best Practices
- Handling difficult distributions
- Common application errors
Emily Klunick, Lindsey Schilling, Kristi L. Papez
12:20 pm Lunch (On your own)
1:20 pm Rethinking Capacity and Consent: Supported Decision-Making in practice-One Family’s Journey Beyond Guardianship
- 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
Mary Ceretti
2:15 pm Break
2:30 pm Ethics
- 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
Bridget M. Erwin, Hamza Jaka
3:20 pm Program Concludes
- Identify potential red flags related to assets, capacity, and family roles before they complicate plans
- Make more confident calls when clients propose funding trusts with complex or unusual property
- Avoid common application and distribution errors by implementing Wispact best practices and guidance on processes
- Provide more nuanced advice when clients ask whether a pooled trust, an ABLE account, or both are appropriate for their situation
- Recognize when supported decision-making may help preserve autonomy without sacrificing protection
- Spot and address ethics issues in cases where capacity, guardians, and multiple interested parties are involved
- Position yourself as an attorney who understands not just the rules, but how the system works in practice
- Elder law practitioners
- Adult guardians ad litem
- Estate planning and probate lawyers
- Family lawyers
- General practitioners
Book Bonus!
Advising Older Clients & Their Families – 2 Volume Set
Save 15% on the Advising Older Clients & Their Families – 2 Volume Set.* In it, you’ll find the practice pointers, tips, charts, forms, and other tools to help you build and maintain a successful elder law practice. Use discount code CA3950 when you order online or by calling (800) 728-7788.
*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid through 12/31/27. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on the purchase of libraries. Discount cannot be combined with any other offers.