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Structured Settlements and Pooled Trusts: Protecting Clients who are Vulnerable or Disabled

SKU: EPP1700

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Price$50

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Description

This CLE presentation provides practical strategies to help attorneys protect clients who are vulnerable or disabled and who are receiving a settlement or judgment. It focuses on when to use a pooled special needs trust for clients with disabilities, how to use settlement preservation pooled trusts for clients such as minors who are vulnerable but may not be disabled, and how structured settlements can be integrated into a comprehensive planning strategy.

Presenters will outline how to determine whether a pooled special needs trust or a settlement preservation pooled trust is appropriate for a particular client and how to evaluate available trust options. A first-party pooled special needs trust allows settlement funds to be excluded as countable resources, helping clients maintain eligibility for programs such as Medicaid and Supplemental Security Income (SSI).

The session will also highlight the role of pooled settlement preservation trusts—not only for individuals with disabilities, but also for minors and other vulnerable clients, including individuals who are incarcerated. Pooled settlement preservation trusts provide oversight and structure to help ensure funds are managed responsibly, reducing risk for both clients and counsel.

Attendees will receive a practical overview of key public benefits programs, an explanation of special needs trusts, and a comparison of pooled versus standalone trust options. The presentation will also cover key considerations in determining suitability, including disability status, settlement size, age (including clients age 65 and older), and current or anticipated eligibility for means-tested benefits, along with guidance on evaluating pooled trust administrators.

Lecturer Bios

Benjamin Tiefenback, Esq,

Ben Tiefenback, Esq., is Counsel and Director of Client Services at Commonwealth Community Trust, a non-profit pooled trust administrator serving beneficiaries across the United States who are injured, vulnerable, or have special needs.

Prior to joining CCT, Mr. Tiefenback was a trust and estate attorney serving Hampton Roads, the Middle Peninsula, and the Northern Neck.

His practice focused on estate planning and trust creation and administration, with an emphasis on special needs trust planning due to his personal experiences with special needs issues in his family. Mr. Tiefenback currently serves on the board of directors of the Alliance of Pooled Trusts (APT). He also writes for CCT and other publications, including NAELA News, and speaks at CLE seminars and other events across the country.

Sean Murphy

Sean Murphy, Esq., has joined CCT as Counsel and Director of New Clients. Mr. Murphy brings to the organization more than two decades of legal experience spanning insurance, healthcare, and risk-management matters. For the past eleven years, he has served the Commonwealth of Virginia as a Senior Assistant Attorney General, representing multiple healthcare agencies. He has also served as an Adjunct Professor of Legal Environment of Business at Virginia Commonwealth University for the past three years.

Mr. Murphy earned his Bachelor of Arts from James Madison University and his Juris Doctor from George Mason University School of Law. He looks forward to contributing his extensive legal expertise in support of CCT and its mission.

National Academy of Continuing Legal Education is a provider of accredited CLE courses throughout the country. To view our full accreditation details, please .

Accreditation and CLE Rules for Nebraska

Structured Settlements and Pooled Trusts: Protecting Clients who are Vulnerable or Disabled

Description

Lecturer Bios

Benjamin Tiefenback, Esq,

Sean Murphy

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