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Overview
Get the Latest on Medicaid Application and Asset Planning Tactics
Middle class Americans seeking asset protection cannot afford to ignore the potentially devastating costs of nursing home and other long-term care. Nursing homes are among the most common and largest creditors an average American is likely to face in his or her lifetime, but only about 10% of the population has long-term care insurance. For the other 90%, Medicaid is the primary source of payment, so a basic understanding of the Medicaid asset protection process is vital for all professionals who work with seniors and their families. This course will provide an overview of asset protection concepts and strategies that elder law attorneys can use to legally and ethically protect assets while facilitating earlier Medicaid eligibility; and a set of crisis-management tools to prevent and correct inadvertent loss of benefits. Register today!
- Learn what the income eligibility requirements are when applying for Medicaid.
- Protect your clients' interests by knowing what's exempt and what's not.
- Employ the most practical and effective asset transfer methods to comply with the spend-down requirement.
- Explore crisis planning methods to restore Medicaid benefits as quickly as possible.
- Guide clients through the Medicaid qualification process by knowing what's involved.
Abbreviated Agenda
- Applying for Medicaid - The Four Eligibility Requirements
- Pre-Need Asset Planning
- Using Special Needs Trusts - Sample Trust Review
- Trust-Based Medicaid Planning in Detail
- Crisis Planning and Assistance
- Applied Legal Ethics
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New Jersey CLE |
|
7.2 Total | 04-09-2027 |
| New York CLE |
|
7 Total | 08-10-2029 |
| Pennsylvania CLE |
|
6 Total | 08-10-2028 |
Select Jurisdiction
CLE
Agenda
-
Applying for Medicaid - The Four Eligibility Requirements
- Medical Eligibility: The Needs Assessment
- Resource Eligibility: Exempt vs. Countable Assets
- Income Eligibility
- Transfer Eligibility
- The Lookback Periods
- Transfers and Penalty Periods
- Transfer Penalty
- Penalty Beginning Date
- Partial Months of Ineligibility
- Monthly Maintenance Need Allowance (MMMNA) for the Community Spouse
- Annuity Transfer Rules and Tactics
- Estate Recovery Rules
- Current Medicaid Planning Programs and Rules
-
Pre-Need Asset Planning
- Medicaid Planning for Single vs. Married Applicants
- Transferring Real Property Without Jeopardizing 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
- 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
-
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
-
Trust-Based Medicaid Planning in Detail
- Choosing the Assets for Funding the Trusts
- Key Provisions and Sample Trust Language
- Self-Settled Trusts and Their Impact on Eligibility
- Using Income-Only Trusts
- Purpose of Using IOTs
- Principal Distribution Provision
- Taxation of IOTs
- Income Taxation and Tax Reporting
- Gift Tax and Reporting
-
Crisis Planning and Assistance
- Asset Purchase Strategies Available
- Purchases
- Payments
- Asset Transfer Strategies Available
- How to Transfer Residence to Caregiver Child
- How to Transfer Residence to Sibling With Equity Interest Who's Resided There for at Least One Year
- How to Transfer Residence Subject to Life Estate
- How to Transfer Residence Subject to Occupancy Agreement
- Caregiver Agreement Between Parent and Child
- Contesting/Appealing the Penalty Period Dates and Other Adverse Medicaid Decisions
- Asset Purchase Strategies Available
-
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 basic level online seminar is designed for:
- Attorneys
- Nursing Home Administrators
- Social Workers
- Geriatric Care Managers
- Trust Officers
- Accountants and CPAs
- Estate and Financial Planners
- Paralegals
Speakers
Speaker bio
Theresa Hogan
joined her family's firm in Easton, founded in 1928 by Charles D. Hogan (d.1970), Leighton Scott (d. 1956), William P. Hogan (d. 2008), and James C. Hogan (d. 2023), retired Judge of the Northampton County Court of Common Pleas. The firm focuses its practice in areas of estate planning and elder law, special needs planning (trusts, wills, powers of attorney), adoptions, business law (planning, formation, contracts), real estate/title insurance, and related litigation. Theresa is admitted to the United States Supreme Court, the Pennsylvania Supreme Court, the Third Circuit Court of Appeals and the District Court for Eastern Pennsylvania. She is a member of the Pennsylvania and Northampton County Bar Associations, serving on numerous committees and as a frequent lecturer for Continuing Legal Education and community programs. She is a member of the Estate Planning Council of the Lehigh Valley.
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
Daniel Del Collo, III
is the owner of The Law Office of Daniel Del Collo III, where he concentrates his practice in the areas of estate planning, estate administration and elder law, including the drafting of wills, trusts and special needs, guardianships, Medicaid planning, powers of attorneys, and advanced medical directives. His elder law clients also call upon him to handle personal injury, real estate and business law matters. Mr. Del Collo also provides counsel to individuals and families with loved ones suffering from varying types and degrees of dementia such as Alzheimer's, Parkinson's, Huntington's and other neurological diseases. He earned his B.A. degree from Haverford College and his J.D. degree from Rutgers School of Law-Camden.
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