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Overview
Help Your Elderly Clients Qualify for Medicaid
Essential knowledge of Medicaid asset planning strategies is a must-have for all professionals who work with aging and disabled clients and their families. This practical course will give you the knowledge and skills you'll need to help clients protect assets while qualifying for Medicaid and guard against accidental loss of benefits. Register today!
- Clarify eligibility criteria and dispel common myths about Medicaid planning.
- Learn how to use asset purchases and transfers to qualify ahead of time.
- Get practice tips for crafting legally compliant and effective Medicaid asset protection trusts.
- Determine whether your client needs a special needs trust and how to draft it for greatest impact.
- Come away with real-life emergency planning techniques for when nursing home care is imminent.
Abbreviated Agenda
- Qualifying for Medicaid: Eligibility Criteria
- Planning Ahead: Gifts, Exempt Purchases and Asset Transfers
- Asset Transfers in Crisis Planning
- Medicaid Asset Protection Trusts
- Special Needs Trusts: Protecting Benefits While Providing for Beneficiary Expenses
- Ensuring Spousal Protections
- Maintaining an Ethical Practice
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New Jersey CLE |
|
7.2 Total | 01-24-2026 |
| New York CLE |
|
7 Total | 04-29-2028 |
| Pennsylvania CLE |
|
6 Total | 04-29-2027 |
Select Jurisdiction
CLE
Agenda
-
Qualifying for Medicaid: Eligibility Criteria
- Top Misconceptions on What Medicaid and Medicare Cover
- Who Actually Needs Medicaid?
- Quality of Care and Patient Protections Concerns
- Is it Too Late to Plan for Medicaid Once You're in the Nursing Home?
- Medicaid Criteria
- Medical Eligibility
- Resource Eligibility
- Income Eligibility
- The Lookback Rule
- The Gifting Rule
- Transfer Eligibility
- Myths About Medicaid Estate Recovery
-
Planning Ahead: Gifts, Exempt Purchases and Asset Transfers
- Purchasing Excluded Assets
- Converting to Excluded Assets
- Prepaying for Services, Expenses, Taxes
- What Counts as a Gift for Purposes of Medicaid Planning?
- Qualifying Asset Transfers
- Transferring Real Property Without Jeopardizing Medicaid Eligibility
- Private Annuities and Promissory Notes
- Treatment of IRAs and Retirement Accounts
-
Asset Transfers in Crisis Planning
- Using Asset Purchases and Asset Conversions From Countable to Excluded
- Asset Transfers and the Reverse Half-Loaf Method
- Crafting Caregiver Agreements Between Parent and Child
- Residence Transfer Options
- Calculating and Contesting the Penalty Period
- Dealing With Partial Months of Ineligibility
- What to Do With Unexpected Cash Inflows
-
Medicaid Asset Protection Trusts
- When to Use Income-Only Trusts
- Can Revocable Trusts Be Used to Establish Medicaid Eligibility?
- Taxation of Medicaid Qualifying Trusts
- Drafting Key Trust Provisions (With a Review of a Sample Trust)
- Are IOTs Subject to Medicaid Estate Recovery?
- Funding the Trust
-
Special Needs Trusts: Protecting Benefits While Providing for Beneficiary Expenses
- SNTs vs. ABLE Accounts: Estate Recovery and Other Considerations
- First-Party vs. Third-Party SNTs: Which One to Use?
- Which Assets to Use for Funding the Trust
- Choosing the Right Trustee
- Drafting Key SNT Provisions (With Sample Trust Language)
-
Ensuring Spousal Protections
- Maximizing Monthly Maintenance Need Allowance for Community Spouse
- Community Spouse Resource Allowance and CSRA Appeal
- Using Homestead Exceptions
- Obtaining Hardship Waivers
- Is Divorce a Prudent Option?
-
Maintaining an Ethical Practice
- Who is the Client?
- Avoiding Conflicts of Interest When Representing Couples
- Setting Reasonable Attorney Fees
- Guarding Confidentiality
- Verifying Client Capacity
- Dealing With Third Parties: Who's Present and Talking in Meetings With Clients?
- Scope of Representation
- Client With a Disability: What are Your Duties?
Who Should Attend
This basic level online seminar on Medicaid planning is designed for attorneys, nursing home administrators, accountants and CPAs, social workers, geriatric care managers, trust officers, estate planners, wealth managers, and paralegals.
Speakers
Speaker bio
Charles B. Hadad
is a partner in The Lynch Law Group, LLC. He is chair of the firm's estates and trusts practice group and a member of the firm's corporate and business succession group. Mr. Hadad concentrates his practice in the areas of estate planning, estate administration, probate, trust administration, real estate transactions, and corporate and business planning. He advises clients in all facets of estate planning and estate administration. Mr. Hadad is an experienced litigator for Orphans' Court and has successfully represented fiduciaries in surcharge actions, defended will contests, and asserted claims on behalf of beneficiaries and other interested parties for breach of fiduciary duty in the course of estate and trust administration. He is a member of the Pennsylvania and Allegheny County (Probate & Trust Section Council) bar associations, and the Pittsburgh Estate Planning Council. Mr. Hadad earned his B.A. degree from the University of Pittsburgh and his J.D. degree, with honors, from the Thomas M. Cooley Law School.
Speaker bio
Christina O. Magulick
is Of counsel at Burns White, focusing her practice on healthcare and long-term care law, defending doctors, hospitals, and long-term care health facilities in medical malpractice and liability matters. Prior to joining Burns White, Ms. Magulick was an attorney at a Pittsburgh area firm where she represented clients in matters relating to long-term care and workers' compensation litigation, as well as in general commercial litigation. She also practiced as an attorney advisor for a government agency, preparing decisions for disability benefits, and incorporating pertinent federal policy and regulations. Ms. Magulick earned her J.D. degree from Duquesne University School of Law and her B.S. degree in economics and legal studies from Duquesne University. She is admitted to practice in the Commonwealth of Pennsylvania, U.S. District of the Western District of Pennsylvania and U.S. District of the Western District of Pennsylvania Bankruptcy Court.
Speaker bio
Howard S. Krooks
is an attorney at Cozen O'Connor. With over 30 years of legal experience, his practice is comprehensive, covering estate planning, wills and trusts, elder law, special needs planning, planning for disability, asset protection planning, Medicaid planning, trust and estate administration (probate), fiduciary litigation, guardianship and health care/financial planning with advance directives. Mr. Krooks is certified as an elder law attorney by the National Elder Law Foundation. He is a Past President of the National Academy of Elder Law Attorneys, a Past Chair of the New York State Bar Association Elder Law Section and a Past Chair of the Florida Bar Elder Law Section. Mr. Krooks currently serves on the Board of Trustees of the NAELA Foundation. He earned his BS degree in Accounting from SUNY Albany and his JD degree from the University of Pennsylvania Law School. Mr. Krooks is admitted to practice law in Florida, New York, and Pennsylvania, as well as before the Supreme Court of Florida and New York Appellate Division, Second Department.
Speaker bio
Eric Ladley
, CELA, is an attorney with Montco Elder Law, LLP, where he focuses his practice in the areas of estate planning, long-term care planning, estate administration, and guardianships. He is certified as an elder law attorney by the National Elder Law Foundation. Mr. Ladley is also accredited by the Veterans Administration to represent veterans, and can prepare, present and prosecute claims before the department. He is a member of Montgomery County Bar Association, Pennsylvania Association of Elder Law Attorneys and Lycoming Law Association. Mr. Ladley earned his B.A. degree from George Washington University and his J.D. degree from Penn State Dickinson School of Law.
Speaker bio
Biagio V. Musto, II
is a solo practitioner at Musto Law Office, where he focuses his practice on elder Law; estate planning and administration; personal injury; workers' compensation; adoptions; and bankruptcy. Mr. Musto was awarded an academic scholarship by Marywood based on academic excellence, and was awarded Dean's List honors throughout his undergraduate career based on academic achievement. He is a member of the Luzerne County Bar Association and Pennsylvania Bar Association (member, Elder Law Section). Mr. Musto earned his J.D. degree from The Dickinson School of Law and is admitted to practice law in Pennsylvania.
Speaker bio
Bradley J. Kitlowski
is an attorney with Buchanan Ingersoll & Rooney PC, and has litigated a variety of disputes in state and federal courts. He focuses on commercial litigation issues concerning real property disputes, including lease issues, mining and mineral rights, and oil and gas matters. Mr. Kitlowski also focuses on litigation matters pending in Orphans' Court Divisions of Pennsylvania state courts, including estate and trust litigation. He has significant background in representing financial institutions in various litigation matters, including lender liability actions. Additionally, Mr. Kitlowski has experience litigating copyright and trademark infringement issues and products liability matters. He also actively pursues pro bono opportunities, including the representation of prisoners pursuing civil rights claims in federal courts, and the representation of clients before Administrative Law Judges on appeals from denied Social Security claims. Mr. Kitlowski currently serves as the head for the Protection From Abuse pro bono program for the firm's Pittsburgh office, and manages Pittsburgh's Project H.E.L.P. (Homeless Experience Legal Protection). He is a member of the Allegheny County Bar Association and its Elder Law Committee. Mr. Kitlowski earned his B.A. degree from Cornell University and his J.D. degree, cum laude, from University of Pittsburgh School of Law.
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