National Business Institute training on special needs trusts

Arcare presents NBI workshop on special needs trusts

Special Needs Trusts expertise is at the heart of how our Arcare staff helps families ensure their loved ones with disability can maintain financial independence without jeopardizing eligibility for important benefits. Because of our team’s familiarity with the issues surrounding creating, funding and maintaining these trusts, we are often asked to participate in trainings and workshops about these planning tools.

Yesterday, Lynn Carter and Barb Helm joined board member Emily Donaldson and strategic partner Stacey Janssen in co-presenting at a National Business Institute (NBI) workshop titled “Protect Your Clients Assets Amidst Changing Healthcare Policy” in Kansas City. The focus of this seminar was on how Special Needs Trusts and private health insurance may be impacted under the ACA, and how that may affect decisions about care for individuals with disabilities. This one-day seminar provided attending legal professionals with continuing education credits and information about how to help clients make sound decisions in establishing special needs trusts.

The agenda for the workshop was broken down into the following categories:

  1. What Is a Special Needs Trust and Does Your Client Need One?
  2. Drafting the SNT – Sample Provisions Review and Analysis
  3. Protecting Eligibility for Public Benefits
  4. Special Needs and the Affordable Care Act
  5. Ethical Considerations

In addition to the attorneys who attended, other participants included paralegals, home care professionals, nursing home administrators, accountants, financial planners and other professionals working with disabled clients. At the conclusion of the workshop, attendees gave all presenters rave reviews for their knowledge and insight on the topics at hand.

Arcare Provides Pooled Trusts Testimony

Arcare provides expert testimony on pooled trusts in Iowa

On February 24, Arcare served as an expert on pooled trusts in front of the Iowa Legislature. Our testimony was in support of a new law that would basically negate Section 633C.2 of the existing Iowa law regulating medical assistance trusts.

633C.2 Disposition of medical assistance special needs trusts.
Regardless of the terms of a medical assistance special needs trust, any income received or asset added to the trust during a one-month period shall be expended as provided for medical assistance income trusts under section 633C.3, on a monthly basis, during the life of the beneficiary. Any increase in income or principal retained in the trust from a previous month may be expended, during the life of the beneficiary, only for reasonable and necessary expenses of the trust, not to exceed ten dollars per month without court approval, for special needs of the beneficiary attributable to the beneficiary’s disability and approved by the district court, for medical care or services that would otherwise be covered by medical assistance under chapter 249A, or to reimburse the state for medical assistance paid on behalf of the beneficiary.

This restrictive clause hinders persons with disability to benefit from distributions currently allowed through special needs trusts by federal regulation.

To view the complete testimony, click here.