1 CEB book: Special Needs Trusts: Planning, Drafting, and Administration About the Authors CEB is grateful to the following attorneys who served as authors of this book: LESLIE ANN BARNETT, a 1992 graduate of Loyola Law School, is certified as an Elder Law Attorney by the National Elder Law Foundation. Ms. Barnett, whose practice emphasizes conservatorships, public benefit eligibility issues, estate planning and special needs trusts, is a sole practitioner in Los Angeles. In addition to various Bar memberships, Ms. Barnett is a member of the National Academy of Elder Law Attorneys, Southern California Council for Elder Law Attorneys (President ), California Advocates for Nursing Home Reform Legal Network, and a Charter Member of the Academy of Special Needs Trust Planners. She is currently on the Board of Directors for the Center for Health Care Rights. Ms. Barnett also has an M.A. in Social Work and worked as a geriatric social worker for 15 years before practicing law. DONNA R. BASHAW graduated from Western State University College of Law in 1987, where she was Editor-in-Chief of Law Review and where she is a periodic adjunct professor. She practices elder law at the Elder Law Center in Laguna Hills, California, and is a certified elder law specialist. Mrs. Bashaw is a frequent presenter for Continuing Education of the Bar (CEB), for the National Academy of Elder Law Attorneys, and for the California Advocates for Nursing Home Reform. Mrs. Bashaw is on the national executive board for the National Academy of Elder Law Attorneys, serving as Immediate Past President of the Academy. She was named a Fellow of the National Academy of Elder Law Attorneys in Mrs. Bashaw is also the immediate past chair of the exam writing committee for national certification of elder law attorneys through the National Elder Law Foundation. She is coauthor of California Durable Powers of Attorney (Cal CEB 1996) and coauthor of California Guide to Tax, Estate & Financial Planning for the Elderly, a Matthew Bender/Lexis-Nexis Publication. For her pro bono service and for her pioneering work in elder law, Mrs. Bashaw received the California Women Lawyers Fay Stender Award in 1997, the Teresa Foundation Award in 1998, was named to the Hall of Fame at Western State University in 1999, and received the OCBA Harmon G. Scoville Award in 2000, the Orange County J. Reuben Clark award in 2003, and the State Bar of California Appreciation Award for exceptional public service and contributions to the legal profession in Mrs. Bashaw served as a delegate to the White House Conference on Aging held in December of Such a conference is held once every 10 years. CAROL S. BATTAGLIA has been in private practice for over 25 years and is the senior partner in the law firm of Battaglia & Waltari. As part of her estate planning practice, she
2 routinely works with families who have family members with disabilities to create estate plans using special needs trusts. She also assists trial lawyers in establishing court-created special needs trusts, designing structured settlements, and implementing other strategies to receive an injured party s settlement funds while maintaining eligibility for government assistance benefits. Ms. Battaglia is a member of the Estate Planning, Probate, and Trust Section of the San Diego County Bar Association and the Estate Planning Council of San Diego. She is also the Southern California member of the Special Needs Alliance, which is a national network of lawyers dedicated to Disability and Public Benefits Law. She is legal counsel to the Special Needs Trust Foundation of San Diego, a pooled special needs trust, for which she wrote the master trust agreement. She is a frequent speaker and author on special needs trusts and other means of maintaining needs-based public benefits. The national attorney s directory, Martindale-Hubbell, gives Ms. Battaglia its highest rating of AV. THOMAS BELTRAN is an attorney in private practice in West Los Angeles. He has been handling public benefits matters since His areas of practice include disability-related estate planning, public benefits litigation in administrative forums and state and federal court, defense of special needs trusts, probate, special education litigation, and appellate matters. He set up the PLAN of California Master Pooled Trust and serves as its general counsel. In the mid-1980s, he was part of a congressional demonstration project that led to the codification of the SSI work incentives, 1619(a) (b) of the Social Security Act. Mr. Beltran s other experience includes 10 years with the Regional Centers, work with the special education clinic at Pepperdine Law School, and as a lecturer at the University of Judaism s graduate school of psychology from 1998 until the program closed in He has been active in consultation with the dependency system and edited the CASA special education manual. He regularly speaks on disability issues at the California State Bar convention, as well as for CEB, California Advocates for Nursing Home Reform, NBI, and Lorman. He drafted the language for SB 303 (Wright), codified as Pen C , applying the ADA s accessibility requirements to proceedings involving sexual abuse victims with disabilities, and he was the principal drafter of the amendments to Prob C 3600 et seq. (AB 1851 (Harmon)). Mr. Beltran is a member of the Executive Committee of the State Bar s Trust and Estates Section. He received his B.A. from the University of North Dakota and his J.D. from Whittier Law School. JAMES E. BERGE, managing partner of Berge & Berge LLP in San Jose, specializes in estate planning, trust and probate law. After receiving his B.S. from the University of Santa Clara in 1981, Mr. Berge went on to earn his J.D. from the University of Santa Clara School of Law in 1986 and his M.A. in Taxation from Golden Gate University School of Law in He is a member of the California State Bar, the Probate and Trusts Section of the California and Santa Clara County Bar Associations, the Santa Clara County Estate Planning Counsel and the National Academy of Elder Law Lawyers. He is a member of WealthCounsel, a national association of over 1000 estate planning attorneys who have come together to provide members with education, technical, and legal support in an effort to provide their clients with state of the art estate planning documents for a wide range of estate planning strategies. He is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate, and Trust Specialist, and is a California certified public accountant. He is licensed to practice law and accounting in California and is admitted to practice before the United States
3 Tax Court, the United States District Court for the Northern District of California, and the Supreme Court of the United States. DIEDRE WACHBRIT BRAVERMAN is the principal attorney of Wachbrit Braverman PC in Westlake Village, California. Her practice focuses on estate planning, asset protection, and special needs planning and administration. Ms. Braverman received her B.A. in Classics, magna cum laude, from the University of California, Irvine in 1994 and her J.D. from Stanford Law School in Ms. Braverman is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate, and Trust Specialist. She is a Founding Principal of the Academy of Special Needs Planners, a national organization of attorneys. She teaches CE for attorneys and other professionals nationally and regionally and is a commentator for the Wall Street Journal, the New York Times, and Time Magazine. JOHN J. CAMPBELL is the founder and principal attorney of the Law Offices of John J. Campbell, P.C., in Denver, Colorado. He has practiced law for over 20 years and has practiced in the areas of elder law and Medicare set asides since He is licensed to practice law in Colorado and is also licensed and on inactive status in Missouri. He is a member of the Colorado Bar Association, the Arapahoe County Bar Association, the Missouri Bar Association, the National Academy of Elder Law Attorneys, the National Alliance of Medicare Set-Aside Professionals. He is a graduate of the University of Missouri-Columbia School of Law, J.D He was selected as a Fellow of the Colorado Bar Foundation in 2006 and is the Cochair of the Elder Law Section of the Colorado Bar Association. He is a Certified Elder Law Attorney by the National Elder Law Foundation; and a Medicare Set- Aside Consultant Certified (national certification through the Commission on Health Care Certification). He is the author of The Complete MSAT Training Course Book; has written and published numerous articles; and has presented seminars on Medicare set asides and elder law issues across the country. LINDA S. DURSTON is an attorney in private practice in Berkeley, California. Her major practice areas are estate planning, conservatorships, guardianships, and special needs trusts. She formerly practiced Social Security disability law at a not-for-profit agency in Northern California. She is a member of the National Academy of Elder Law Attorneys, California Advocates for Nursing Home Reform, the Contra Costa County Bar Association, and the Alameda County Bar Association. She is past secretary of the California National Academy of Elder Law Attorneys. She is an editor-consultant for California Conservatorship Practice, published by CEB. She is principal author with Linda G. Mills of The Rhetoric, Politics, and Therapeutics of Opening Statements in Social Security Disability Hearings, Yale Journal on Law and Feminism 8, 1: , She is a graduate of the University of California, Berkeley, where she received B.A., M.A., and Ph.D. degrees in Rhetoric, and where she also taught for many years before entering the legal profession. She received her J.D. from New College of California School of Law in San Francisco. NANCY KAUPP EWIN, J.D., 1970, Western State University (San Diego) is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate, and Trust Specialist. Ms. Ewin is a member of the National Academy of Elder Law Attorneys and has been President of the Southern California Chapter. She supports the California Advocates for Nursing Home Reform. She is a member of the Board of Directors of the Foothills Bar Association and Co-Chair of the Estate Planning, Trust, and Probate Section She serves on the
4 Board of Directors of the Southern Caregiver Resource Center. She serves as adjunct faculty at Cuyamaca College in the ABA Paralegal Studies program, teaching Probate and Estate Planning, and is a frequent lecturer to attorneys and others on matters pertaining to estate planning and legal issues relating to disability and aging. SCOTT A. HARSHMAN is a member of the firm of Jeffer, Mangels, Butler & Marmaro, LLP in the Orange County office. Mr. Harshman s practice focuses on trust and estate matters for high net worth individuals, including wealth transfer planning, business succession planning, philanthropic planning, tax controversy, and probate and trust administration. Mr. Harshman received his J.D., cum laude, from Whittier Law School and an LL.M. in Taxation from the University of San Diego School of Law. Mr. Harshman is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate, and Trust Specialist. Mr. Harshman is a frequent writer and speaker on estate planning, wealth management, and trust administration. SANDY KASTEN is a solo practitioner in Berkeley. Her practice focuses on fiduciary and estate taxation, with an emphasis on tax return preparation and planning for trusts, estates, and individuals. Ms. Kasten is a 1976 graduate of the University of California, Hastings College of the Law, and received her M.B.A. in Taxation from Golden Gate University in She studied accounting at California State University East Bay (formerly CSU Hayward). She is a member of the Alameda County Bar Association and currently serves as treasurer of the Calaveras County Bar Association. She is a past board member of Women Lawyers of Alameda County. GREGORY J. LEDERMAN graduated from California State University Northridge in 1996 with a B.A. in Speech Communication. He graduated from the University of La Verne College of Law in 2000, where he was a member of Law Review. Mr. Lederman received American Jurist Prudence Awards in Contract Law, Constitutional Law, Civil Procedure, and Insurance Law. Mr. Lederman has a private practice in Woodland Hills focused on estate, trust, and probate law. He is a member of the Estate and Trust Sections of the Los Angeles County Bar and the California State Bar. He is also a member of the National Academy of Elder Law Attorneys. POLLY LEVIN is an associate attorney with the Bohne Law Group in Walnut Creek. Her major practice areas are estate planning and trust administration, with a particular focus on planning for individuals with disabilities and their families. Ms. Levin also works with personal injury attorneys to establish trusts for minor or disabled clients. She has written articles on planning for persons with disabilities and has appeared in Chuck Finney s radio program, Your Legal Rights (KALW), discussing special needs trusts. She is a graduate of University of California, Berkeley, and Golden Gate University School of Law. She is a member of the California and New York bars and the Alameda County Bar Association. TERRY MARK MAGADY is a nationally recognized elder law attorney in Los Angeles specializing in Medi-Cal planning, conservatorships, senior life insurance settlements, and estate planning and trust administration for people with special needs. He received his B.A. from Arizona State University and his J.D. from Loyola Law School. Mr. Magady is certified by the National Elder Law Foundation as a specialist in Elder Law.
5 CHRISTOPHER M. MOORE is a principal of Moore, Bryan & Schroff in Torrance, California. He is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate and Trust and Family Law Specialist. Mr. Moore is a fellow of the American College of Trust and Estate Counsel and the American Academy of Matrimonial Lawyers, and was a member of the State Bar Trusts & Estates Section Executive Committee ( ). Mr. Moore speaks and writes frequently on trusts and estates and family law issues. His practice is limited to trusts and estates and family law. Mr. Moore received his B.A. in 1960 from Stanford University and his J.D. in 1964 from Harvard Law School. GENE L. OSOFSKY is a partner in the firm of Osofsky & Osofsky in Hayward, specializing in elder law, estate planning, Medi-Cal planning and family law. He received his B.A. in 1966 from the University of California, Berkeley, and his J.D. in 1969 from the University of California, Los Angeles, School of Law. Mr. Osofsky is a certified Specialist in Family Law (State Bar of California, Board of Legal Specialization), a former VISTA Volunteer and legal services attorney, and a recipient of the Wiley Manual Pro Bono Award. He is a member of the National Academy of Elder Law Attorneys and regularly speaks on elder law and disability topics to senior and professional groups throughout the Bay Area. He and his partner have coauthored the Consumer s Guide To Medi-Cal Planning, a consumer-friendly guide for clients, viewable on the firm s website at JOHN A. PAYNE, JR., is in private practice in Los Angeles. His practice consists almost exclusively of trust drafting and administration. He received his B.A. with honors from Baldwin Wallace College in Berea, Ohio, in 1970 and his J.D. with honors from the University of Michigan Law School in He served in the Judge Advocate General s Corps of the United States Navy from He is a past chair of the Trusts and Estates Section of the Los Angeles County Bar Association and has served twice (including currently) on the Executive Committee of that Section. He has lectured for CEB on a number of occasions and spoken about special needs trusts for the Los Angeles County Bar Association, N.B.I., the Los Angeles County Public Counsel s office, the California Center for Judicial Education and Research, and the State Bar Convention in RUTH A. PHELPS received her undergraduate degree in mathematics in 1972 from Immaculate Heart College in Los Angeles. She received her J.D. in 1975 and LL.M. (Taxation) in 2004, both from Loyola Law School. She is a member of the Board of Directors and treasurer of the National Academy of Elder Law Attorneys, a member of the Executive Committee of the Trust and Estates Section of the State Bar of California, a fellow of the American College of the Trust and Estate Counsel, past president of the Southern California Chapter of the National Academy of Elder Law Attorneys, and a member of the Board of Overseers of Loyola Law School, Los Angeles. She is a member of the adjunct faculty of Loyola Law School, teaching elder law. Mrs. Phelps serves as a member of the probate Volunteer Panel of Attorneys for Los Angeles County Superior Court. She is certified as an Elder Law Attorney by NAELA and certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate, and Trust Specialist. MARK POPOLIZIO, J.D., is the Vice President of Customer Relations for NuQuest/Bridge Pointe and the Vice President of the National Alliance of Medicare Set-Aside Professionals. Prior to joining NuQuest, Mr. Popolizio practiced workers compensation and liability legal defense for 10 years. During this time, he developed a national practice that included Medicare
6 set asides and Medicare compliance. Mr. Popolizio is very active on the national MSA/Medicare educational and training circuit. He is a regularly featured speaker on MSA/Medicare issues before carriers/tpas, state bar associations, and industry-specific organizations. Mr. Popolizio also has published several articles on MSA/Medicare issues. RUTH E. RATZLAFF is a sole practitioner in Fresno, specializing in elder law. She received her B.A. in 1972 from Fresno Pacific University, and her J.D. in 1979 from Golden Gate University. She is a frequent author and speaker on elder law topics for the National Academy of Elder Law Attorneys (NAELA), the current president of the Northern California NAELA chapter, and editor of the NAELA News. She has a lifetime adult education teaching credential in vocational skills for the handicapped and is licensed as an administrator of a residential care facility for the elderly. DAVID L. RICE is the principal attorney of the Law Offices of David Lee Rice, APLC, in Torrance specializing in tax, estate planning, and elder law. He received his B.A. from Arizona State University and his J.D. from Loyola Law School. Mr. Rice is certified by the California State Bar Board of Legal Specialization as a specialist in Taxation Law and by the National Elder Law Foundation as a specialist in Elder Law. DENNIS M. SANDOVAL is a sole practitioner in Riverside, specializing in estate planning, elder law, tax planning and tax controversy. He received his B.A. in Business Administration from California State University at Fullerton, his J.D., cum laude, from Western State University College of Law, and his LL.M. in Taxation Law, cum laude, from Golden Gate University College of Law. Mr. Sandoval serves as the Director of Education for the American Academy of Estate Planning Attorneys. He is a member of the Academy of Special Needs Planners, American Academy of Estate Planning Attorneys, and the National Academy of Elder Law Attorneys. Mr. Sandoval is a certified Estate Planning, Trust & Probate Law Specialist and a certified Taxation Law Specialist by the California State Bar Board of Legal Specialization. He is a certified Elder Law Attorney by the National Elder Law Foundation. GORDON A. SCHALLER is a partner in the Orange County office of Jeffer, Mangels, Butler & Marmaro (JMBM) LLP. He has been a prominent tax and estate planning attorney in Southern California for over 30 years. Mr. Schaller focuses his practice on tax, estate planning, charitable, and wealth management services. He has represented individuals as well as numerous public and private charitable organizations. Mr. Schaller provides creative solutions for tax, charitable, business succession, and family issues. He is well known throughout the country for developing comprehensive, integrated multi-generational wealth planning, preservation, and management solutions. Mr. Schaller frequently facilitates the interaction of the client s investment, insurance, tax, and philanthropic advisors to achieve goals-based integrated results. Before joining JMBM, Gordon founded an independent wealth advisory firm. He received his B.S., with distinction, from Iowa State University in 1970 and J.D., magna cum laude, from the University of Minnesota Law School in ALLAN A. SENKOW is a sole practitioner with offices in Encino and Oxnard. He focuses his practice in the areas of estate planning, tax and elder law. Mr. Senkow received his undergraduate degree from Loyola University in Chicago and his J.D. from the University of LaVerne College of Law. He also attained his LL.M. in tax, with honors, from Golden Gate University School of Law in San Francisco. He is a member of the American Bar Association,
7 the San Fernando Valley Bar Association, the American Academy of Estate Planning Attorneys, and the National Academy of Elder Law Attorneys. He also serves his community as a volunteer Judge Pro Tem with the Los Angeles Superior Court. KEVIN URBATSCH is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate, and Trust Specialist. He is a principal of Myers Urbatsch, P.C. in San Francisco. He is a frequent writer and lecturer on special needs trusts and the planning needs of individuals with disabilities. He received his B.S. from Truman State University in 1988 and his J.D. from St. Louis University College of Law in He is a charter member of the Academy of Special Needs Planners; a member of the National Academy of Elder Law Attorneys; the California Advocates for Nursing Home Reform; the Bar Association of San Francisco, Probate & Trust Section; and the State Bar of California, Trust and Estate Section. GREGORY WILCOX has his own practice in Berkeley, specializing in public benefits planning and related estate planning. He received his B.A. in 1968 from Haverford College, his Master of Public Affairs degree in 1971 from Princeton University, and his J.D. in 1976 from the University of California, Berkeley, School of Law. Mr. Wilcox is a Board Member and past Chair of the Northern California Chapter of the National Academy of Elder Law Attorneys (NAELA), and a past Member of the National Board of NAELA. He is a current Board Member of California Advocates for Nursing Home Reform, San Francisco, and also serves on its Lawyer Referral Service Advisory Committee. He is member and former Chair of the Elder Law Committee of the Alameda County Bar Association s Trust and Estates Section. A frequent lecturer to attorneys on public benefits, Mr. Wilcox has also published numerous articles on Supplemental Security Income, special needs trusts, and public benefit planning. WILLIAM L. WINSLOW is a partner at the Los Angeles law firm of Farmer & Ridley LLP, where he has a specialty practice in settlements of complex personal injury and workers compensation cases, including drafting special needs trusts, uses of structured settlements, Medi-Cal and Medicare planning, and related topics. He advises many fiduciaries about special needs trust administration. Mr. Winslow is a graduate of the University of California, Los Angeles, School of Law and the University of San Diego School of Law (LL.M. in Taxation). He is certified by the California State Bar Board of Legal Specialization as an Estate Planning, Probate and Trust Specialist. About the 2015 Update Authors LESLIE ANN BARNETT is an update author of chapter 8. See author bio in the About the Authors section. CAROL S. BATTAGLIA is an update author of chapters 14, 15, and 17. See author bio in the About the Authors section. THOMAS BELTRAN is the update author of chapter 3. See author bio in the About the Authors section.
8 JAMES E. BERGE is the update author of chapter 2. See author bio in the About the Authors section. TERRY MARK MAGADY is the update author of chapter 5. See author bio in the About the Authors section. SHARON NOVAK is one of the update authors of chapter 15. Ms. Novak has over 20 years experience in the area of employment law, including trial work and mediations, workplace investigations, and professional support to human resources departments. She has also developed and conducted seminars on critical employment law issues, including sex and age discrimination, sexual harassment, wage and hour practices, and wrongful discharge laws. Ms. Novak is with Risk Management Strategies, in La Mesa. PETER STERN has his own practice in Palo Alto and is the update author of chapter 16. Mr. Stern received his J.D. in 1981 from Stanford University School of Law. Mr. Stern holds undergraduate and graduate degrees in history from Denison University and Princeton University. Mr. Stern is a member of the Santa Clara County and Silicon Valley Bar Associations. He was elected to the American College of Trust and Estate Counsel (ACTEC) in Mr. Stern was a member of the Executive Committee of the Trusts and Estates Section of the State Bar of California from and was its chair from He served on the Probate and Mental Health Committee of the Judicial Council of California from He is certified as a specialist in estate planning, trust, and probate law by the California Board of Legal Specialization of the State Bar of California. His current practice deals with a broad spectrum of estate planning, conservatorships, probate, and elder law, including Medi-Cal planning and other legal assistance to families of persons suffering from incapacities. Mr. Stern is the author of California Conservatorship Practice, chap 19 (Cal CEB). KEVIN URBATSCH is an update author of chapters 3, 8B, 10 12, and 15. See author bio in the About the Authors section. MARY WALTARI is an update author of chapters 14, 15 and 17. Ms. Waltari is a partner in the firm of Battaglia & Waltari in San Diego. She received her B.S. in 1984 from San Diego State University and her J.D. in 1991 from the University of San Diego. After ten years of practicing in business and securities litigation, Ms. Waltari changed her focus to estate planning. She practices in estate planning, first and third party special needs trusts as well as conservatorships. Ms. Waltari is a member of the Special Needs Alliance, which is a national network of lawyers dedicated to Disability and Public Benefits Law. She has lobbied in Washington, D.C. for legislation to allow greater access to special needs trusts for individuals. Ms. Waltari is a frequent lecturer on special needs trusts and conservatorships to both professional and parent organizations. She is a member of the San Diego County Bar Association and the William B. Enright Chapter of the American Inns of Court. GREGORY WILCOX is an update author of chapters See author bio in the About the Authors section.
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