Administering the California Special Needs Trust
A Guide for Trustees and Those Who Advise Them
by
Book Cover & Preview Text
This book describes the duties and responsibilities of a special needs trust trustee (sometimes the trust is called a “supplemental needs trust” or SNT), but it is the same type of trust with the same duties. A trustee is a person or entity that has the legal responsibility for managing a trust by following the rules set forth in a trust document and under California law for the benefit of the beneficiary of the trust. In an SNT, the beneficiary is the person with a disability. Administering an SNT is a very important job, which often has a profound impact on the life of persons with disabilities. In most cases, the SNT trustee is providing the beneficiary goods and services that improve their quality of life. In some cases, the SNT trustee may be the only person looking to the beneficiary’s welfare. Thus, the role of SNT trustee is often a more substantial role than in many other types of trusteeships. In order to do an excellent job, the SNT trustee must draw upon an impressive arsenal of skills to properly manage an SNT. The trustee must be comfortable navigating the multiple layers of rules and policies of various governmental agencies. The trustee must appreciate the beneficiary’s disabilities that may limit the beneficiary’s ability to communicate, manage their daily lives, locate housing, find employment, and become active citizens in the community. Thus, the SNT trustee is not only entrusted to assist with the financial management of a person with a disability’s assets, but may also be called upon to assist with the beneficiary’s personal protection and development. The SNT trustee is often also called upon to advocate for the beneficiary’s rights or to protect the beneficiary from discrimination (or from various types of predators). The great SNT trustee is a solid financial manager, accountant, record keeper, legal counselor, public benefits advisor, social worker, housing coordinator, civil rights advocate, guardian, and life coach. It is not a job for the timid.
Formats
Book Details
About the Book
Administering a special needs trust (SNT) is a very important job, which often has a profound impact on the life of persons with disabilities. In most cases, the SNT trustee is providing the beneficiary goods and services that improve their quality of life. In some cases, the SNT trustee may be the only person looking to the beneficiary’s welfare. Thus, the role of SNT trustee is often a more substantial role than in many other types of trusteeships. The great SNT trustee is a solid financial manager, accountant, record keeper, legal counselor, public benefits advisor, social worker, housing coordinator, civil rights advocate, guardian, and life coach. This is why author Kevin Urbatsch published his book titled Administering the California Special Needs Trust.
It has been five years since the book was published. The reception for it far exceeded expectations. There have been excellent reviews of how it has helped SNT trustees, beneficiaries, their families, and professionals who advise persons with disabilities. After reviewing the book, the Federal Financial Institutions Examination Council (FFIEC) flew Kevin to Washington D.C. to present to federal government bank auditors on what to look for when auditing corporate trustees when banks administer special needs trusts. Other than the numbers that change each year, like SSI or SSDI, the balance of the book was current and up-to-date. However, there were some subjects that were missing in the book plus a couple of big changes that occurred since publication, including the passage of the Affordable Care Act and the ABLE (Achieving a Better Life Experience) Act that provide excellent new tools for the SNT trustee.
Kevin recruited several of his professional colleagues to assist in preparing this Second Edition of the book including Michele Fuller, Robert Nuddleman, Herb Thomas, Courtney Kosnik, Scott MacDonald, and Daniel Cutter. With their assistance, Kevin added the following new chapters to the book Paying Caregivers, Paying Trustee’s Fees, Understanding and Utilizing ABLE Accounts, and Protecting the SNT Trustee. Kevin was also able to update and revise the information in the balance of the book and provide additional forms to make the job of being an SNT trustee safer and more efficient.
With the checklists, form documents and law summaries included, Administering the Special Needs Trust contains a wide range of information for those charged with the responsibility of managing an SNT for persons with disabilities.
About the Author
Kevin Urbatsch is a nationally recognized attorney in estate and settlement planning for persons with disabilities. Kevin serves as National Director of the Academy of Special Needs Planners (ASNP), a national organization of special needs and settlement planning professionals. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the California State Bar Board of Legal Specialization. In 2013, Parenting Magazine named Kevin as one of the nation’s Top Child Advocates for his work in fighting for the rights of children with special needs. In May 2011, Kevin was presented the NAELA’s Presidential Recognition Award for his work in special needs planning. In each year from 2010 to 2016, Kevin was named a Northern California Superlawyer.