#103 - Choosing & Training the Trustee of a Special Needs Trust

02/25/20 • 44 min

The Trustee of a Special Needs Trust has an incredible amount power over the distribution of funds for the individual with disabilities. Not only must they act in the best interests of the beneficiary with special needs but the trustee’s job must be done flawlessly because mistakes could result in the loss of benefits for the person with disabilities.

In this episode we learn how to choose and train the appointed trustee. The show covers 4 qualities a trustee must have, why we should rethink the role of siblings, potential models that can be utilized, and a reason why a special needs trust may not be the best option for some adults with disabilities.

About the Guest:

Stephen W. Dale received his JD from Armstrong Law School and his LL.M. in Taxation from Golden Gate University in 2001. The Dale Law Firm was established in 1992 in order to provide quality estate planning to clients by working cooperatively with the clients’ tax, financial and insurance professionals.

Mr. Dale is disability rights advocate whose interest in the disability community began at an early age. He comes from a family of institutional workers that served in California’s State Hospitals and Developmental Centers for over 3 generations. Stephen worked for 17 years as a psychiatric technician in a variety of institutions in California, and later became an intern at the Disability Rights Education and Defense Fund (DREDF) working on disability access cases before starting his own practice focused on drafting and administering special needs trusts.

He serves on the boards of the Arc of California and the Contra Costa County Developmental Disabilities Counsel. He spends much of his time attending disability rights activities, including legislative hearings and serving on boards and committees of disability-rights organizations.

He is also the trustee of the Golden State Pooled Trust which serves beneficiaries in California. Part of his duties is to oversee a series of MCLE programs accredited by the California State Bar, which provides education to attorneys and trustees on a wide variety of disability related subjects focused on quality of life for persons with disabilities.

He is the recipient of the 2010 Theresa Foundation Award and the 2007 NAELA Powley Award. Additionally, Mr. Dale is a long-standing member of the Special Needs Alliance, a national, not for profit organization of attorneys dedicated to the practice of disability and public benefits law.

Related or Mentioned Episodes:

Safety Series - Episodes 36 - 47
Legal Rights After the Age of 18 - Episode 30
Financial Planning Series - Episodes 101 - 113

Find Kim on Instagram as Journey2Lomah

Follow LOMAH on Facebook as LOMAH

About the Guest:

Related or Mentioned Episodes:

Safety Series - Episodes 36 - 47
Legal Rights After the Age of 18 - Episode 30
Financial Planning Series - Episodes 101 - 113

Find Kim on Instagram as Journey2Lomah

Follow LOMAH on Facebook as LOMAH

Previous Episode

#102 - Special Needs Trusts

Special needs trusts are one of the first things mentioned when beginning to plan financially for a family member with special needs. In this episode we learn why special needs trusts are such powerful tools and the difference between 1st, 3rd, and pooled trusts. We also learn a management strategy that works well for most families, what to look for when choosing a pooled trust, as well as suggested next steps after the completion of creating the trust.

About the Guest:

Kevin Urbatsch is a principal of the special needs and settlement planning law firm, The Urbatsch Law Firm P.C. located in Pleasant Hill, California. Kevin also serves as National Director of the Academy of Special Needs Planners (ASNP), a national organization of special needs and settlement planning professionals. Kevin is a Certified Specialist in Estate Planning, Trust, and Probate Law by the California State Bar Board of Legal Specialization. Kevin is also a fellow of the American College of Trust and Estate Counsel (ACTEC).

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 2017, Kevin was named a Northern California Superlawyer. In 2009, Kevin was named KRON-TV’s Best of the Bay estate-planning attorney for Northern California.

Kevin is a frequent lecturer to professionals and consumers on special needs and estate planning. He also is the author (or co-author) of several books and treatises.

Kevin has been a member of the California Bar since 1993. He received his law degree from St. Louis University in 1993 and his undergraduate degree from Truman State University in 1988. He began his California law practice as a litigator where he specialized in a variety of matters, including but not limited to elder financial abuse, Americans with Disabilities Act public access cases, and trust and estate litigation.

This show is the 2nd of 12 episodes in a series focusing on Special Needs Financial Planning

Find Kim on Instagram as Journey2Lomah

Find LOMAH on Facebook as LOMAH

Next Episode

#104 - Memorandum of Intent and Other Considerations

Drafting a Special Needs Trust is only the foundation of sound planning. On that foundation are additional documents and steps to take. In this episode we discuss two.

First, the memorandum of intent which gives direction on wishes and day to day care. This episode covers what to put in the memo of intent, ensuring it is easy to find, being bold yet discreet in wishes that others may not like, and why you should not store it in your safe at home.

The second consideration discussed is the importance of funding the trust via retitling to avoid probate.

Show notes for this episode are at https://www.lomah.org/podcastseason4/104

Find Kim on instagram as journey2lomah

About the Guest

Michele P. (Fuller) Urbatsch is the founder of Michigan Law Center, P.L.L.C, and President of Advocacy, Inc., a non-profit organization. Her law practice focuses on advocacy, protection, and asset preservation for persons with disabilities, including working in the following areas of law: elder law, special needs planning, special needs trust administration, and settlement planning.

Michele was recently appointed Special Assistant Attorney General to assist in settlement planning for the Flint Water cases. She is the former Chair of the Elder Law and Disability Rights Section (ELDRS) of the State Bar of Michigan and has leadership positions in several national organizations: Advisory Board Member of the Academy of Special Needs Planners (ASNP) and Michigan Chapter of NAELA Board of Directors. She is also active in the National Academy of Elder Law Attorneys (NAELA), the Michigan Association for Justice, and a regular contributor for the Institute for Continuing Legal Education (ICLE).

Michele is honored to have received the 2018 State Bar of Michigan Unsung Hero Award, given annually to an attorney demonstrating dedication in their practice for the betterment of others. She has also been nominated to the Super Lawyers list for the last several years. Other awards she has received include: American Institute of Legal Counsel 10 Best Elder Law Attorneys 2016-2019, and Distinguished Lawyers 2016-2019 by The Expert Network, given to the top 3% of attorneys in the nation. She was also named the Women-in-Law Elder Law and Special Needs Planning Attorney of the Year by Lawyer’s Monthly Magazine in 2016. Parenting Magazine also named Michele the Top Special Needs Child Advocate in 2013.

Michele and her award-winning special needs attorney and spouse, Kevin Urbatsch, frequently write together. Their publications include: Administering the Michigan Special Needs Trust; the 2nd and 3rd editions of Administering the California Special Needs Trust;and Special Needs Trusts: Protect Your Child’s Financial Future, 6th and 7th Editions, NOLO Press. She is also the author of Saving Grace, an elder law client’s experience, and Finding Peace: a guide for caregivers, to be published in 2020.

Michele and Kevin have also co-authored several nationally published articles, including Traps for the Unwary During Special Needs Trust Administration, in Estates and Trusts Magazine, the Future of Planning for Persons with Disabilities which was published in the Fall 2013 edition of the NAELA Journal, and Pooled Trusts: An Approach to Special Needs Planning for Families of Modest Means, published in the May-June 2013 edition of BiFocal, a Journal of the ABA Commission on Law and Aging. Michele has also contributed to Michigan Bar Journal, Planning for a Person with Disabilities, Considerations when Settling a Lawsuit for an Individual Lacking Capacity or a Minor, and Divorce and Disability: Identifying and Resolving the Unique Issues of a Spouse with Disabilities. In addition to the Michigan State Bar Journal, Michele has contributed to the MAJ Journal, Elder Law Answers, NAELA news, and other publications.

Michele is a frequent presenter for various national and statewide organizations such as ElderCounsel, MassMutual, the American Bar Association, American Association for Justice, Michigan Association for Justice, the Institute of Continuing Legal Education, Michigan Brain Injury Association of Michigan and the Michigan Guardianship Association, among others. She is of council for several non-profit organizations, national and statewide, which administers pooled special needs trusts.

Michele graduated with Honors as a member of the James Madison College at Michigan State University with a Bachelor of Arts in International Relations. Michele then attended American University International Law Masters program and obtained her Juris Doctor from the University of Detroit Mercy School of Law.