The Autism Society Event and Education Recordings Archive

This workshop combines experts specializing in writing and managing disability trusts, which preserve assets and public benefits. From general lifelong planning to specifics of trusts, the presenters will simplify this process with real-life examples including a discussion of the ABLE ACT, ACA, Guardianships, SSI/Medicaid and Q&A. This workshop incorporates a panel of three experts who specialize in the writing and managing of Disability Trusts (a/k/a Special Needs Trusts).  Disability Trusts are a vital lifetime arrangement and estate planning tool which can preserve the assets of family members and of individuals with Autism Spectrum Disorder while preserving their critical public benefits such as Social Security and Medicaid.  The presenters will provide a cohesive overview of Disability Trusts, their situational applicability, an analysis of recent legislation affecting the audience (including the ABLE Act and Affordable Care Act), and will differentiate between a myriad of trust and case management tools available to individuals with Autism Spectrum Disorder.  This panel has successfully presented together and separately to nationwide audiences at other events such as the National Down Syndrome Congress, the CBA Elder Law Retreat and the Stetson National SNT Conference.  In what could potentially be a fairly dry and overly technical topic, this panel excels at simplifying complex subject matter by providing real-life examples and stories along with affording the audience ample Q&A time.

Essential elements covered in the presentation will be:

-      Legal Documents:  Power of Attorney, Wills, Trusts

-      Guardianship and Conservatorship

-      Public Benefits overview: SSI, SSDI, Medicaid, Medicare, Food Stamps, Public Housing, Waiver Programs

-      Disability Trusts

• Definitions and distinctions
• Pooled Trusts
• Who Needs a Disability Trust
• Funding Mechanisms
• Allowable Distributions

-      American Tax Payer Relief Act and its effect on estate planning and trust administration

-      Trust Drafting Tips

• How to ensure proper care, oversight and empowerment for your child, relative or friend with Autism Spectrum Disorder
• Trust Advisors/Protectors
• Acting as a co-trustee

-      Estate Planning

• Planning for your or a loved one’s estate as it relates to a beneficiary with Autism Spectrum Disorder
• Maximizing taxable and non-taxable retirement accounts in your estate plan
• Capitalizing on tax planning benefits to preserve as much of your estate as possible for your beneficiary
• Dealing with ‘unusual’ assets such as real estate, annuities, retirement accounts, etc.

-      Trust Administration tips and techniques for the family-member trustee

• Investments
• Record keeping
• Public Benefits preservation
• Fiduciary oversight

-      Tools and tips for Disability Trusts, trustees and family members of and individuals with Autism Spectrum Disorder

-      Affordable Care Act review and discussion

-      ABLE Act review and discussion

-      Current national trends in disability & estate planning and trust administration

Understandably, this type of trust planning and public benefits utilization is often the last thing a family member of or an individual with Autism Spectrum Disorder has time to consider given the countless day to day living issues with which they are tackling.  It is this panel’s goal to enlighten the audience on these issues and put the beneficiary’s needs and desires squarely in the forefront of any planning discussion while ensuring that the beneficiary is well cared for and empowered for their lifetime.

Learning Objectives: