Special Needs Trusts

2021 National Conference on Special Needs Planning and Special Needs Trusts, October 13-15, 2021

Registration is open for the 2021 National Conference on Special Needs Planning and Special Needs Trusts, October 13-15, 2021. It…

3 years ago

2022 Special Needs Planning Symposium, February 24 – 26, 2022

2022 Special Needs Planning Symposium We don't always give a shout out for symposiums sponsored by others, but we'll make…

3 years ago

Medicaid: Cases

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…

3 years ago

Special Needs Roundtable

On July 29, 2016, the Elder Law Practice of David L. McGuffey hosted a Special Needs Roundtable in Dalton, Georgia.…

3 years ago

Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002)

In Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), an ERISA plan bought an action to…

3 years ago

Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006)

In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds…

3 years ago

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

This case presents the question whether a trust created with reference to the Federal Medicaid statutes -- the Valerie R.…

3 years ago

Norwest Bank N.D. v. Doth, 159 F.3d 328 (8th Cir. 1998)

Sonya Lotzer and Bobbi Lerud were in separate collisions. After settling their negligence claims, they funded special needs trusts without…

3 years ago

Sullivan v. County of Suffolk, 174 F.3d 282 (2nd Cir. 1999)

A tort plaintiff sought to fund his special needs trust without first repaying the Medicaid lien. Citing Norwest, the Court…

3 years ago

Reames v. Oklahoma ex rel. Okla Health Care Authority, 411 F.3d 1164 (10th Cir. 2005)

A 51 year old nursing home resident assigned her Social Security Disability check to a special needs trust. She then…

3 years ago