In the past month, we have seen significant developments in estate planning, business law, elder law, and special needs law. A state supreme court declined to apply a savings statute to extend the time to initiate a probate proceeding; another state supreme court ruled that signing an arbitration agreement to gain admission to a nursing home is not a healthcare decision; and the FTC dismissed its appeals to implement its final rule banning noncompete agreements. Read on to learn how these decisions may impact your practice.

Written by Jill Roamer, JD

A special needs trust (SNT) is a planning tool used to provide funds for a beneficiary’s care without jeopardizing their eligibility for means-tested public benefits. The SNT is designed to optimize the beneficiary’s quality of life, and importantly, a third-party SNT can qualify as a qualified disability trust (QDisT) to obtain better taxation treatment if certain requirements are met.

From a case upholding the validity of a Delaware domestic asset protection trust to rulings that a trust formed under a springing power of attorney is void and the structure of the National Labor Relations Board is likely unconstitutional, we have recently seen significant developments in estate planning, elder and special needs law, and business law.