Estate Planning for the Personal Injury Client—Understanding Disability Benefits (On Demand Seminar)

A pre-recorded streaming video replay of the October 2021 webcast, Estate Planning for the Personal Injury Client—Understanding Disability Benefits.

This course covers the basics of public benefits and how using Special Needs Trusts (SNTs) for injured clients will preserve these benefits, as well as other reasons to use SNTs. It will also address how disbursements can be spent, Medicare Set-Aside concerns, how to weave structured settlements into the equation, and pitfalls to avoid when public benefits are involved. Estate planning attorneys can assist injured clients in maintaining their public benefits while ensuring the longevity of their personal injury awards.

Topics to be covered include:

• Overview of Pooled Special Needs Trusts (PSNTs)
  • Types of PSNTs
  • Benefits of a PSNT
  • Roles and Responsibilities of the Trust Administrator
  • Public Benefits Primer
• Disbursement Decision-Making Roles
  • Examples of how the funds can be spent
• Remainder Policies for First-Party and Third-Party PSNTs
  • Debunking the myth that all PSNTs keep the remainder at the death of the beneficiary
• How Medicare Set-Asides (MSAs) can be nested inside a PSNT to satisfy the Medicare Secondary Payor Act, 42 U.S.C. §1395y
• Weaving Structured Settlements into PSNTs to maintain benefit eligibility
  

FACULTY

Karen Dunivan Konvicka, J.D., Commonwealth Community Trust / Richmond
Joanne Marcus, MSW, Commonwealth Community Trust / Richmond

ABOUT THE SPEAKERS

Karen Dunivan Konvicka, J.D., Commonwealth Community Trust / Richmond

Karen Dunivan Konvicka serves as Director of Client Services and General Counsel for Commonwealth Community Trust (CCT). When in private practice, she specialized in public benefits law and estate and trust planning and administration for individuals with special needs. Ms. Konvicka maintains her memberships in the Virginia State Bar, National Academy of Elder Law Attorneys (NAELA), and Virginia Academy of Elder Law Attorneys (VAELA) and enjoys continuing to educate attorneys and families about special needs planning from the pooled trust perspective.

Joanne Marcus, MSW, Commonwealth Community Trust / Richmond

Joanne Marcus has a master’s degree in social work and serves as the President and CEO of Commonwealth Community Trust (CCT). She brings to CCT 37 years of experience in nonprofit administration and served as the Executive Director of CCT for over 21 years before being named President and CEO. Under her leadership, CCT has grown to serve over 1,900 trust beneficiaries throughout the United States. Ms. Marcus is frequently asked to speak to professional groups and community organizations nationwide.