When the Rubber Meets the Road

Event Details


In the early days of special needs planning, “supplemental” needs trusts were intended to do just that: provide funds for quality of life enhancements for a person whose primary needs would be met by a well-funded system of supports. Over time, demographic changes and funding pressures have turned that assumption on its head. Today, at a time when parents and caregivers are aging and dying, and where Medicaid funded programs are a shell of what they used to be, funds left in trust for a person with a disability will often serve as a primary source of long term support. This presentation will highlight the challenges faced by a trustee managing funds in a discretionary trust for a disabled beneficiary whose formal and informal support networks are changing, provide some practical suggestions for ensuring that distribution decisions are well informed and well documented, and review recent cases that suggest how trustee conduct will be measured after the fact—frequently in contested accounting proceedings.

Presenters: Edward V. Wilcenski, Esq. and Michael S. Cognetti, Adirondack Case Management and Advocacy

Contact: https://www.specialneedsalliance.org/