special needs alliancespecial needs trusts – what is right for your loved one? • more and more...

NAMI and the Special Needs AllianceOrlando Conference, 2008

6/16/2008

Special Needs Alliancewww.specialneedsalliance 1

Stephen W. Dale, California

Special NeedsAlliance

Janet Lowder, OhioLance McKinney, Florida

www.specialneedsalliance.comAttorneys and Counselors at law

Special Needs Trusts – What Is RightFor Your Loved One?

• More and more attorneys with little or noexperience with disabilities are draftingSpecial Needs Trusts

• Putting together an estate plan that works• Putting together an estate plan that worksrequires a team effort

• The Special Needs Trust document is only onepiece of the puzzle

A Few Words about Trusts• A trust is a contract to accomplish some

objective– Revocable Living Trusts are contracts to

control property for a families lifetime,position assets to gain tax advantages, andposition assets to gain tax advantages, andavoid probate.

– Charitable Remainder Trusts arecontracts to give a donor a taxadvantage and receive a streamof income.


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objective– A Special Needs Trust is a mechanism for

protecting resources for individuals withdisabilities without sacrificing theirdisabilities without sacrificing theirgovernment entitlements


objective– The standard Special Needs Trust focuses on

public benefits alone.– The superior Special Needs Trust focuses on– The superior Special Needs Trust focuses on

• Advocacy• Prevention of abuse and neglect• Has your loving instructions to provide

for your loved ones needs in theevent of your incapacity or death

Lack of SpecialNeeds Planning

IMPACTS:

• Government benefits• Quality of life• Contingent beneficiaries


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Widespread Lackof Planning

68% have not written a will

Among parents of children with special needs:

53% have not identified a guardian72% have not identified a trustee88% have not established a special needs trust84% have no written letter of intent

Many Special Needs Trust Don’t Work

• Think about it – do you think a documentalone is going to protect your disabled lovedone?

Special Needs Attorney

• “Team” approach• Working family,Working family,

advocates and otherprofessionals


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Team Members

• Person with specialneeds

• Family

• Care and medicalproviders

• Case manager• Family• Attorney• Trustee• Financial advisor• Accountant

• Case manager• Insurance agent• Advocate• NAMI

• The Special Needs Alliance (SNA) is a national,not for profit organization of attorneysdedicated to the practice of disability andpublic benefits law. Individuals with

Who is the SpecialNeeds Alliance?

public benefits law. Individuals withdisabilities, their families and their advisorsrely on the SNA to connect them with nearbyattorneys who focus their practices in thedisability law arena.

• The SNA is an invitation-only organization.• SNA membership is based on a combination of relevant

legal experience in the disability and elder law fields, directfamily experience with disability, active participation withnational, state and local disability advocacy organizations,

Who is the SpecialNeeds Alliance?

national, state and local disability advocacy organizations,and professional reputation.

• As a result, an SNA member will have an average of 18years of relevant legal experience, with no member havingpracticed law for less than 10 years.

• The majority have been certified as Elder Law Attorneys(CELAs) by the National Elder Law Foundation, thecertifying entity for the National Academy of Elder LawAttorneys (NAELA).


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Where Do You Find a Special NeedsAlliance Member in your Community?

• www. specialneedsalliance.com






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The Voice


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The Voice

Special Needs Alliance Members• Partners in Estate Planning

– Special Needs Trusts and Wills– Medicaid, SSI and Entitlement Program Eligibility– Estate, Trust and Tax Planning for Individuals with Disabilities and their

Families– Financial Planning and Legal Assistance for Individuals with Disabilities– Conservatorship, Guardianship and Advance Directives– Conservatorship, Guardianship and Advance Directives– Assistance with Personal Injury/Medical Malpractice Settlements– Trust and Estate Distributions and Fiduciary Accountings– Estate and Trust Administration

• Partners in Advocacy– Available to speak to your group on a variety of topics– Source of materials for newsletters (voice)– Planned Giving

special needs alliancespecial needs trusts – what is right for your loved one? • more and more...

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