Being trustee of any trust can be a challenging job. Fiduciary accounting requirements, tax filing and record-keeping, even just reading (and understanding) the trust document all require skills many trustees simply do not possess. Finding good legal and accounting help is not always easy, either. Now just imagine how much more difficult the job can be if the trust is a “special needs” trust, and the beneficiary’s continued eligibility for psychiatric care, or group home placement, or other essential services, depends on the trustee’s proper administration.

At Fleming & Curti, PLC, we recognize that family members—and professional trustees—are too often ill-equipped to handle special needs trusts. In fact, parents, and even the beneficiary with special needs, may not really appreciate the reason for creating a special needs trust in the first place. The eligibility, tax, accounting and trust rules are confusing, and too often contradictory. That is why we have developed a short course on why special needs trusts may be needed for some beneficiaries, and on how to be a trustee. The next three-hour class has now been scheduled for June 26, 2007.

Among the topics we will explore and explain at our “special needs trust school”:

• What is the difference between a “self-settled” and a “third-party” special needs trust, and when would you expect to use each type?
• How do the eligibility rules for Supplemental Security Income (SSI), Social Security Disability (SSD), Social Security dependents and survivors benefits, Medicare, Medicaid (and, in Arizona, AHCCCS and ALTCS), and other government aid programs work, and what must a trustee know about those benefit systems?
• What tax rules should a special needs trustee understand, and what tax returns will need to be filed?
• What can a special needs trust pay for, and how should those payments be handled?
• What special reporting rules are imposed on special needs trusts by Arizona’s AHCCCS/ALTCS program (Medicaid)?
• Must the assets in a special needs trust always be paid back to the state on the death of the beneficiary?
• How much is it likely to cost to administer a special needs trust, and are there ways to minimize the costs?
• How can the trustee of a special needs trust manage the trust to provide the most benefit to its special needs beneficiary?

Who should attend the special needs trust school? Trustees, certainly (both family and professional trustees are welcome). Parents who have established, or are considering establishing, a special needs trust will find the explanations helpful. Other professionals (lawyers, case managers, professional fiduciaries) 

Reservations are now being taken for the Fleming & Curti, PLC, special needs trust school. Contact our office at 520-622-0400 and ask for Jacque, or . We expect the class to fill up quickly, so make your reservations early.

Would you like to subscribe to Elder Law Issues? Simply provide your e-mail address and name below, and click "Subscribe". At the same time, you may choose to also subscribe to The Voice, the newsletter of the Special Needs Alliance.

Privacy note: We do not ever use your e-mail address or name for any purpose other than to send out our subscription-based newsletter. You can rest assured that we will not sell, trade or share this information with any other person or entity. We have no ancillary or associated companies or entities to which we could provide your e-mail address, either.

© 1993-2008 Fleming & Curti, P.L.C.
520-622-0400 /  FAX: 520-203-0240