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Your client has been injured in an accident and has won her case – either through settlement or in front of the jury. Do you know what options are available to help your client manage the money she won through personal injury or workers’ compensation litigation?
“Trusts for Civil Litigators” will cover the basics of trust creation and administration with a specific focus in mind – your client and her needs. Learn about your client’s options for establishing a trust and what answers you need to help her determine what will best suit her needs. Gain a better understanding of your client’s duty to reimburse Medicare and Medicaid and how you can best aid her in this task. Finally, know how your obligations change as you help your client with this step of her case and what you need to know to protect yourself from possible problems down the road.
New Solutions for Practice Guidance
It is our goal that by attending this course, you will:
Gain a basic understanding of how trusts are used for funds obtained following a civil litigation settlements or judgment.
Understand how Medicare and Medicaid liens, and new legislation like the Deficit Reduction Act of 2005 (DRA) will affect your client’s money.
Draft better documents for your clients in regards to settlement trusts, including considerations for Social Security payments, Medicare reimbursement, and spendthrift considerations.
Agenda
Introduction to Public Benefits - Why They Matter in Civil Litigation
A settlement or money judgment could dramatically affect your client’s access to public benefits, including Social Security and Disability. Gain a better understanding of the public benefits your client may be receiving and what questions you should ask your client before you get to court.
Trust Fundamentals - Special Needs Trusts and Your Client
(0.50 hour PMCLE) Learn about different types of trusts available to your client, when they can & cannot be used, and what types of benefits they can provide. Know when you should contact an attorney who specializes in trusts and what services that attorney could provide. Finally, learn what risks are involved in setting up trusts and why you could be taking an ethical risk by failing to ask your client the right questions.
Selecting a Trustee & Other Considerations
Discuss the considerations you should have when selecting a trustee including experience and expertise, availability, minimum required deposit, trust fees and expenses, court supervision, regulatory oversight, continuity, and others.
Medicare & Medicaid Liens
Before you can establish a trust for your client, it is important to determine the statutes of Medicare and Medicaid liens on the settlement money or judgement. This session will include information on Medicare’s and Medicaid’s payment statuses, new applicable laws, differences between personal injury and workers’ compensation litigation, and other important considerations.
Minimum CLE/CPE Accreditation: IICLE is an accredited sponsor for Illinois and most other states having minimum CLE requirements and mandatory CPE requirements for CPAs. Reporting instructions will be available at the programs.
Cancellation Policy: You must cancel on or before 4:30 p.m. at least two business days before the date of the course to receive a full refund. Cancellations after these dates will receive any available course materials (and the Video DVD, if available) in consideration of tuition.
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