On Demand Audio

Supplemental Needs Trusts in New York Personal Injury Cases

(588 reviews)

Produced on March 01, 2018

Taught by
$ 89 Personal Injury and Negligence and Wills, Trusts, & Estates In Stock
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Course Information

Time 56 minutes
Difficulty Intermediate

Course Description

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

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Lissett Ferreira

Meenan & Associates, LLC

Lissett serves as the chair of the firm’s Elder Law and Family Law & Divorce practice groups, with a particular emphasis on guardianship, Medicaid, divorce, and prenuptial/marital agreements.

Prior to entering private 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 thereafter 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.

Lissett serves as the chair of the firm’s Elder Law & Special Needs and Family & Divorce Law practice groups, with a focus on guardianships, Medicaid, divorce, and prenuptial/marital agreements.

Prior to entering private practice, Lissett served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and thereafter 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.

In private practice, Lissett continues to focus on guardianship-related matters and litigation, including representing petitioners filing Article 81 guardianship proceedings, and assisting clients with Medicaid and Medicaid planning.  Lissett 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 a trustee of several special needs trusts.

Lissett also assists clients with developing and implementing proper estate and special needs planning, helping clients with wills, powers of attorney, health care proxies, living wills, guardianship designations and all manners of trusts.

Having had an inside view of hundreds of highly contested divorce cases in court, Lissett is committed to helping her family and matrimonial law clients fairly resolve their differences in the first instance without having to go to court. Lissett’s matrimonial and family law practice focuses on advising and assisting individuals negotiating marital agreements, including pre-nuptial, post-nuptial, separation and divorce settlement agreements. For those cases where court is unavoidable, Lissett brings her unique perspective and experience as a former court attorney in a matrimonial part. Whether in or out of court, Lissett is a fierce advocate for the rights of her family and matrimonial law clients.

Lissett lectures widely on matrimonial, elder law and special needs issues for bar associations, Continuing Legal Education providers and the community at large. She also serves in leadership positions in various bar associations.  For example, Lissett has lectured on guardianships for the  New York Women’s Bar Association, where she serves on the Board and as co-chair of the Elder Law & Disabilities Committee; the New York State Bar Association; and the New York City Bar Association, where she also chairs a Lawyers’ Networking Group.




Reviews

OM
Oroma M.

Thank you for packing in so much information in a clear, concise manner for professionals.

NB
NANCY B.

Good slides. Very organized.

MA
Michael A.

The presenter was very well organized and expressed herself very clearly.

CI
catherine i.

Very specific information. Very useful practice guide. Thorough discussion of applicable law.

MG
Mark G.

she was really good

JJ
Jason J.

Excellent presentation

PA
Peter A.

Exceptionally clear presentation on the individual programs and their inter-relationships as applied to the use of SNTs. Great program and speaker!

SR
Sheila R.

Very informative and easy to understand.

WL
Werner L.

Very informative - notably since these are issues that I'm personally dealing with presently.

LS
Laurie S.

I thought the teacher was very clear and easy to understand. Thanks.

JA
Jeffrey A.

Very good speaker. Clear and concise information.

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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