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.

The Estate Planning Council of Portland is a non-profit organization with the objective of providing professional education to further the estate planning knowledge of its members.  Membership is comprised of Estate Planning Attorneys, Trust Officers, Certified Public Accountants, Chartered Life Underwriters, Certified Financial Planners, Chartered Financial Consultants, and others actively participating in estate planning matters in Oregon and Southwest Washington. As the region’s premier continuing education event for estate planning professionals, this year’s seminar features nationally recognized speakers addressing the most critical topics in Estate Planning.