ALI-ABA Audio Seminar

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1 ALI-ABA Audio Seminar Special Needs Trusts: What Every Personal Injury Attorney and Estate Planning Attorney Must Know February 27, 2009 Telephone Seminar/Audio Webcast PROGRAM SCHEDULE FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. What Every Personal Injury Attorney & Estate Planning Attorney Must Know About Special Needs Trusts PPT Presentation By Brad Frigon, Patty Sitchler and Mary Alice Jackson Page ix xi xiii 1 vii

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3 PROGRAM SCHEDULE for February 27, 2009 Program Schedule Eastern Central Mountain Pacific Alaska Hawaii National Teleseminar/Webcast 1:00 p.m. 12:00 p.m. 11:00 a.m. 10:00 a.m. 9:00 a.m. 8:00 a.m. Adjournment 2:00 p.m. 1:00 p.m. 12:00 p.m. 11:00 a.m. 10:00 a.m. 9:00 a.m. Scope and Purpose: Topics include: Understanding Public Benefit Programs - Medicaid, SSI, SSD and Medicare Preserving Access to Medicaid and SSI through Special Needs Trust Types of Special Needs Trusts. Understanding when you need a Payback Provision Payback Provisions and Negotiating Medical Expenses Weaving Lifecare Plans, Structures and SNTs for the Client's Benefit Distribution Standards and the Sole Benefit Rules Identifying the Right Trustee for a Special Needs Trust Emerging Issues in Attorney Liability and Special Needs Trusts When a SNT is not the Answer Tax Issues and Beneficiary designation problems with Special Needs Trusts Pending Legislation, Financial Security and Disability Savings Act The Emerging Role of Medicare Set Aside Trusts Faculty Patricia F. Sitchler, CELA, Schoenbaum, Curphy & Scanlan, P.C., San Antonio, Texas Bradley J. Frigon, Law Offices of Bradley J. Frigon, Englewood, Colorado Mary Alice Jackson, Esq., Boyer and Jackson, P.A., Sarasota, FL PROGRAM (All Times EDT) 1:00 p.m. Special Needs Trusts: What Every Personal Injury Attorney and Estate Planning Attorney Must Know panel discussion Questions and Answers 2:00 p.m. Adjournment ix

4 * Questions and Answers will be integrated into the program. Questions are welcome in advance of and during the seminar by to (Subject line: Faculty question). Total 60-minute hours of instruction: 1.0; Total 50-minute hours: 1.2 Suggested Prerequisite: Limited experience in legal practice in subject matter. Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area, provision of information on recent legal developments; maintenance of professional competence as a practitioner. Level of Instruction: Intermediate x

5 ALI-ABA Audio Seminar Special Needs Trusts: What Every Personal Injury Attorney and Estate Planning Attorney Must Know February 27, 2009 Telephone Seminar/Audio Webcast PLANNING CHAIRS Bradley J. Frigon, Esquire Law Offices of Bradley J. Frigon 6500 S. Quebec Street Suite 205 Englewood, CO Patricia F. Sitchler, CELA Schoenbaum Curphy & Scanlan, P. C. 112 E. Pecan Street Suite 3000 San Antonio, TX Mary Alice Jackson, Esquire Board Certified in Elder Law by the Florida Bar Boyer & Jackson, P.A. 46 N. Washington Blvd Suite 21 Sarasota, FL xi

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7 ALI-ABA Telephone and Audio-Only Webcast Special Needs Trusts: What Every Personal Injury Attorney and Estate Planning Attorney Must Know Speakers Faculty Biographies Patricia F. Sitchler, CELA Schoenbaum, Curphy & Scanlan, P.C., San Antonio, Texas Born in San Antonio, Texas (1948), Patty is a SC&S shareholder and is certified as an Elder Law Attorney by the National Elder Law Foundation (as recognized by the Texas Board of Legal Specialization). She earned a B.A. in mathematics from Trinity University (1975) and a J.D. with high honors from St. Mary's University School of Law (1990). She served as an adjunct professor at St. Mary's University School of Law since 1998, and she is a frequent author and lecturer on elder law, estate planning, trust and estate administration issues, and legal ethics issues at programs, such as the San Antonio Estate Planner's Docket Call in Probate Court, the University of Texas Intermediate Estate Planning, Guardianship and Elder Law Course and State Bar of Texas Elder Law Seminars. She is a member of the San Antonio Bar Association, Texas Bar Association, American Bar Association, College of the State Bar of Texas and the National Academy of Elder Law Attorneys where she is Past President of the State Chapter. She is also a member of the Department of Human Services Long Term Care Services Advisory Council, Region 8 (Central Texas) and was a consultant and faculty member of the South, West & Panhandle Consortium Geriatric Education Centers Grant education project at the University of Texas Health Science Center at San Antonio She is consistently named in the The Best Lawyers in America in Elder Law. Patricia has been designated numerous times by Texas Monthly as a Texas Super Lawyer in Elder Law. Her practice includes Elder Law, Estate Planning and Administration and Litigation Support. Patty is co-author of Save My Home! Elder Law Trio Press, Houston, Patty is a Fellow of the American College of Trust and Estate Counsel. She is A-V rated by Martindale Hubbell. Her address is xiii

8 Bradley J. Frigon Law Offices of Bradley J. Frigon, Englewood, Colorado Professional affiliations National Academy of Elder Law Attorneys Colorado Bar Association Arapahoe Bar Association Kansas Bar Association Special Needs Trust Alliance Areas of Practice Medicaid planning Estate planning Estate administration Trust administration Individual tax planning Drafting complex wills and trusts Preparation of fiduciary tax returns Preparation of gift tax returns Preparation of federal estate tax returns Preparation of corporate tax returns Probate Fiduciary compliance Generation skipping tax planning Entity formation including: o Family limited partnerships o Limited liability companies o S corporations o Partnerships Tax litigation Public benefit planning (Medicaid and Medicare) in personal injury and workers' compensation settlements Taxation of personal injury awards Special needs trusts Medicare Set-Aside Arrangements Education University of Denver, Denver, CO, Master of Law in Taxation (LLM), 1982 Washburn University School of Law, Topeka, KS, Juris Doctor (JD), 1981 University of Kansas, Lawrence, KS, Bachelor of Arts (BA), 1978 Certifications Certified Elder Law Attorney (CELA) by the National Elder Law Foundation Why Should Your Attorney be a Certified Elder Law Attorney xiv

9 Mary Alice Jackson, Esq. Boyer and Jackson, P.A., Sarasota, FL Mary Alice Jackson is an AV rated, Florida Bar board certified Elder Law Attorney and is a partner in the firm of Boyer & Jackson, P.A. in Sarasota, Florida. She practices exclusively in the area of elder law, with an emphasis on Medicaid, long term care and incapacity planning, special needs trusts, advance directives, probate and endof-life issues. She is a frequent lecturer on these topics. Mary Alice is currently on the Board of Directors for the Pines of Sarasota, a long term care facility and the Board of Governors for Senior Friendship Centers, Inc. She is a professional past President, having served as President or Chair of the following organizations: the Elder Law Section of the Florida Bar; the Sarasota County Bar Association, the Board of Trustees of Tidewell Hospice of Southwest Florida, Inc. Senior Solutions of Southwest Florida, an Area Agency on Aging; the Board of Directors of Legal Aid of Manasota, Inc., and the founding Board of the NAELA (National Academy of Elder Law Attorneys) Senior Rights PAC, an organization dedicated to supporting national political candidates with a commitment to aging Americans and serves as its Chairperson. Mary Alice nows serves as Vice-Chair of the Public Policy Committee for NAELA. A member of the NAELA since 1993, Mary Alice is also a member of the Florida Bar Elder Law Section, the Academy of Florida Elder Law Attorneys, the Sarasota County Aging Network and the Florida Council on Aging. In November, 2003, she was honored to receive the NAELA Powley Award for public service, and is the 2004 recipient of the William Reece Smith Jr. Public Service Award given by Stetson University College of Law. Mary Alice was the 1998 recipient of the Florida Bar Pro Bono Service Award for the 12th Circuit and has been an adjunct professor at Stetson University College of Law, teaching Interviewing, Counseling and Negotiations, and Law Practice Management. Mary Alice Jackson received a B.S. in Government and a M.S. in Public Administration from Florida State University, and a J.D., cum laude, from Stetson University College of Law. She now lives in Austin, Texas with her husband, Bob, who is Texas State Director for AARP, and who is also an attorney. She continues her practice in Sarasota by commuting and telecommuting, with the assistance of a topnotch staff. Mary Alice is the proud mother of Andrew Ferrell, who passed away in 2001 after a courageous battle with leukemia. She is a native of Winter Park, Florida. xv

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