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.