Pooled special needs trusts can provide an essential safety net in estate plans. Attorneys who draft estate plans must anticipate the unexpected—a client’s unforeseen disability, a fiduciary who becomes ill, a contentious relationship between the beneficiary and the fiduciary, or assets that are depleted below the corporate fiduciary’s minimum. By including additional authorities in documents, attorneys-in-fact, executors, and trustees can react to unforeseen circumstances and create and fund pooled special needs trusts for clients and their loved ones without the need for court involvement. After giving an overview of pooled special needs trusts, this presentation will cover powers that should be considered for inclusion in trusts, wills, and powers of attorney to utilize pooled special needs trusts as a safety net.

The 60th Annual Heckerling Institute on Estate Planning was held in Orlando, Florida, on January 12-16, 2026. The Institute is the preeminent estate planning conference of the year and always provides a full week of valuable seminars covering a broad range of estate planning issues for all types of practitioners and all types of clients. Not only does the Institute inform planners of new developments from the past year and state-of-the-art estate planning techniques, but it also includes an array of eclectic topics to broaden the knowledge and perspective of practitioners attending.

Join top elder law professionals for two days of advanced strategy, practical sessions, and peer discussion.

The ABA TECHSHOW is where lawyers, legal professionals, and technology all come together. Attendees learn about the most useful and practical technologies available.