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Overview
Safeguard the Financial Future of Elderly Clients
Elderly Americans' family funds can easily be wiped out by nursing home costs today. For most, Medicaid is the only viable source of payment, so understanding Medicaid planning is vital for all professionals who work with seniors and their families. This course will provide an overview of processes and strategies that elder law attorneys can use to legally and ethically protect assets while facilitating earlier Medicaid eligibility. You'll also receive a set of crisis-management tools to prevent and correct inadvertent loss of benefits. Register today!
- Clarify resource eligibility requirements when applying for Medicaid.
- Maximize exempt assets: determine what is countable for purposes of eligibility.
- Use effective asset transfer methods to comply with the spend-down requirement.
- Leverage crisis planning methods to restore Medicaid benefits quickly.
- Draft Medicaid-compliant trusts that help grantors and beneficiaries with disabilities.
Abbreviated Agenda
- Applying for Medicaid - The Four Eligibility Requirements
- Using Special Needs Trusts - Sample Trust Review
- Pre-Need Asset Planning
- Transferring Real Property Without Risking Medicaid Eligibility
- Trust-Based Medicaid Planning: Income-Only Trusts (IOTs)
- Crisis Planning and Assistance
- Applied Legal Ethics
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| CPE for Accountants/NASBA |
|
7 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Applying for Medicaid - The Four Eligibility Requirements
- Medical Eligibility Needs Assessment
- Resource Eligibility: Exempt vs. Countable Assets
- Income Eligibility in Select States
- Transfer Eligibility: Lookback and Penalty Periods
- Estate Recovery Rules
-
Using Special Needs Trusts - Sample Trust Review
- When Can SNTs Be Used?
- Drafting an SNT - Common Mistakes to Avoid
- Documenting the Assets Transfer Into the Trust
- Choosing a Suitable Trustee
- Sample Special Needs Trust Document Review
-
Pre-Need Asset Planning
- Medicaid Planning for Single vs. Married Applicants
- Revocable vs. Irrevocable Life Estates
- Asset Valuation - Fair Market Value Under DRA
- Using Life Insurance to Spend Down
- Interstate Transfers
- Protecting Veterans' Benefits
- The Gifting Powers in Powers of Attorney
-
Transferring Real Property Without Risking Medicaid Eligibility
- When Does the Home Become a Countable Asset?
- How Is "Intent to Return Home" Interpreted?
- Titling of the Home and Basic Homestead Issues in a Medicaid Planning Context
- How to Transfer Residence to a Caregiver Child
- How to Transfer Residence to Sibling on Title for More Than a Year
- How to Transfer Residence Subject to Life Estate
- How to Transfer Residence Subject to Occupancy Agreement
-
Trust-Based Medicaid Planning: Income-Only Trusts (IOTs)
- Choosing the Assets for Funding the Trusts
- Self-Settled and Revocable Trusts and Their Impact on Eligibility
- The Purpose of Using IOTs
- Principal Distribution Provision
- Taxation of IOTs: Income and Gift Taxation and Tax Reporting
- Sample Trust Language and Mistakes to Avoid
-
Crisis Planning and Assistance
- Asset Purchase and Payment Strategies Available in Most States
- Asset Transfer Strategies Available in Most States
- Caregiver Agreement Between Parent and Child
- Contesting/Appealing the Penalty Period Dates
- Partial Months of Ineligibility
-
Applied Legal Ethics
- Avoiding Conflicts of Interest (Who Is Your Client?)
- Dealing With Clients' Diminishing Mental Capacity
- Spotting and Preventing Elder Abuse
- Appropriate Client Communications
- Navigating Through Family Conflict
- Setting and Collecting Attorney Fees
Who Should Attend
This legal course is designed for attorneys. It will also benefit accountants, social workers, geriatric care managers, trust officers, estate planners, and paralegals.
Speakers
Speaker bio
Debby Rosenfeld
is counsel with Meltzer, Lippe, Goldstein & Breitstone, LLP, where she practices in the areas of elder law, estate planning and real estate. She is admitted to practice in New York. Ms. Rosenfeld lectures, as well as writes articles on various elder law issues for both attorneys and laypeople. She earned her B.A. degree from Barnard College of Columbia University and her J.D. degree from New York University School of Law. Ms. Rosenfeld is a member of the New York State and Nassau County bar associations.
Speaker bio
Jessica M. Peraza
is of counsel at Lippes Mathias LLP. She focuses her practice on estate planning and administration, Medicaid, and long-term care planning. As a law student, Ms. Peraza interned for the Hon. Barbara Howe in Erie County Surrogate's Court and worked in the Public Benefits Unit of Neighborhood Legal Services. Her previous experience includes residential foreclosures, public and private sector labor law, contract negotiations, probate matters, third party credit collections, and representation of clients in administrative hearings and arbitrations. Ms. Peraza earned her B.A. degree from St. Lawrence University and her J.D. degree, cum laude, from University of Buffalo School of Law.
Speaker bio
Adam J. Cohen
works with clients across Pennsylvania and New Jersey, focusing on estate and trust administration, elder law, and fiduciary litigation. He has extensive experience handling complex guardianship matters and is a leader in representing disabled individuals, their families, and corporate fiduciaries in establishing and administering special needs trusts. Mr. Cohen also provides advice and guidance to personal injury attorneys and their clients on structuring and preserving recoveries for minors and disabled beneficiaries, helping them secure financial stability while protecting eligibility for public benefits. With a compassionate approach, Mr. Cohen prioritizes listening to and understanding his clients' needs, ensuring that each legal strategy is tailored to their unique circumstances. Mr. Cohen is actively involved in professional leadership. He serves as the Treasurer of the Pennsylvania Bar Association Elder Law Section and is the Editor of the Elder Law Section Newsletter. He has previously taught continuing legal education courses on guardianship issues, and multi-jurisdictional personal injury settlement topics.
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