Supplemental Needs Trusts in New York Personal Injury Cases

(265 Ratings)

Produced on: March 01, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 56 minutes
Difficulty Intermediate

Personal injury attorneys with clients who are disabled and are recipients/potential recipients of government benefits have special considerations to factor into their analysis of the most appropriate manner to pay out net settlement proceeds. Recipients or potential recipients of Medicaid or Supplemental Security Income benefits may become ineligible for these critical benefits if they receive the settlement proceeds outright. A First-Party Pay-Back Supplemental Needs Trust (“SNT”) or a Pooled SNT can be effective planning tools to preserve an individual’s eligibility for these government benefits, now and in the future, while ensuring that the individual has access to the funds in the SNT during his/her lifetime. Utilizing SNTs to protect government benefits and preserve assets requires an understanding of various federal and New York state laws.

Lissett Ferreira, Esq. covers the essentials of understanding SNTs, and how to effectively utilize them to maintain an individual’s eligibility for government benefits.


Learning Objectives:

  1. Examine the eligibility requirements for the Medicaid and Supplemental Security Income programs
  2. Discover how to identify plaintiffs that may benefit from planning with an SNT for their benefit, and who can legally create an SNT
  3. Become familiar with the basic legal requirements for SNTs to be effective to preserve an individual’s eligibility for government benefits
  4. Comprehend the major differences between a First-Party Pay-Back SNT and a Pooled SNT
  5. Discuss the mechanics of how to establish and administer the SNT

Faculty

Lissett Ferreira

TW Lewis & Co., LLC

Lissett Ferreira is a passionate and committed advocate for families and individuals in transition, from marriage, divorce, and having children to aging, disability, and death. Ms. Ferreira’s practice focuses on elder and family law as well as trusts & estates, with a particular emphasis on guardianships, Medicaid/estate/special needs planning, probate and administration, separation/divorce, and prenuptial/marital agreements. Ms. Ferreira also serves as of counsel to TW Lewis & Co., LLC, on elder and family law matters.

Prior to starting her own legal practice, Ms. Ferreira served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and subsequently in an Article 81 guardianship part. In that capacity, she was involved in hundreds of matrimonial and guardianship matters, developing unparalleled insight and breadth of knowledge in these highly specialized areas of the law. 

Ms. Ferreira is certified under Part 36 of the Rules of the Chief Judge to serve as court evaluator, counsel to guardian, guardian ad litem, and counsel to an Alleged Incapacitated Person.  She also serves as trustee of several special needs trusts.

Ms. Ferreira has lectured on both elder and family law matters.  She previously served on the Office of Court Administration’s New York County Guardianship Advisory Committee and its Sub-Committee on Court Examiners’ Training.  In that capacity, she assisted in planning a training for court examiners, and served as a panelist at the training.  She also previously conducted a training on uncontested divorces for the Family Law Task Force at New York Legal Services.  Ms. Ferreira spoke about Article 81 guardianships at the New York State Bar Association’s Elder Law and Special Needs Section 2015 Summer Meeting.   Most recently, Ms. Ferreira spoke on a panel on Article 81 guardianships hosted by the Elder Law and Special Needs Section of the New York Women’s Bar Association. She also has co-presented at several community workshops on estate and special needs planning.

Ms. Ferreira received her A.B. from Brown University, with Honors in Portuguese and Brazilian Studies, and her J.D. from Fordham University School of Law.  In between university and law school, Ms. Ferreira was awarded a Fulbright Scholarship for research in Mozambique. At Fordham Law, Ms. Ferreira served as Symposium Editor of the Fordham Law Review for a year, worked as a Summer Associate at the international law firm of White & Case LLP, and published a note entitled Access to Affordable HIV/AIDS Drugs: The Human Rights Obligations of Multinational Pharmaceutical Corporations, 71 Fordham L. Rev. 1133 (2002).  Ms. Ferreira was on the Dean’s List at Fordham Law throughout her studies there. Upon graduation, Ms. Ferreira received the Murray magna cum laude Public Service Award, and was inducted into the Fordham Law chapter of the Order of Coif, an honor society for top law school graduates.

Ms. Ferreira is admitted to practice in the State of New York and the United States District Courts of the Eastern and Southern Districts of New York.  She is a member of the New York State Bar Association, New York Women’s Bar Association, Queens Women’s Bar Association, and New York City Bar Association. She currently serves as co-chair of the CLE Sub-Committee of the NYCBA Problems of the Aging Committee.

Ms. Ferreira also is co-publisher of “ny guardian advocate”, a legal blog at nyguardianadvocate.com, that provides information and insights for Article 81 guardians and guardianship professionals in New York.

Reviews

RL
Rochelle L.

I now know I do not want to handle an SNT and will hire an expert if needed.

SZ
Simon Z.

Excellent, packed with content.

HR
Homer R.

I learned a whole lot. was very informative.

MB
Michael B.

good presentation.

BA
Bridget A.

Excellent, understandable

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$59

$ 59 Personal Injury and Negligence and Wills, Trusts, & Estates In Stock

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