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Overview
Leverage Marital Protections to Prepare Clients for Medicaid
Most aging clients live in fear of the "60-month trap" - the single miscalculated gift that results in a catastrophic denial of Medicaid benefits and ruinous nursing home bills. As nursing home costs soar, the "well spouse" can face the terrifying prospect of losing their home and independence just to pay for a partner's care. This course eliminates that uncertainty. We provide specific legal blueprints and updated math to ensure your clients qualify for Medicaid without sacrificing their life’s assets. Register today!
- Maximize the benefits of community spouse allowances designed to prevent impoverishment.
- Time the transfers and expenses precisely to prevent penalty periods.
- Design trusts and caregiver agreements that survive rigorous agency scrutiny.
- Leverage the right tools to protect the home from estate recovery.
- Weigh the pros and cons of divorce as a Medicaid-qualifying tactic.
Abbreviated Agenda
- Medicaid Nursing Home Eligibility Requirements
- Community Spouse Impoverishment Rules and Planning
- General Asset Planning and Transfer Approaches
- Leveraging Medicaid Asset Protection Trusts
- Divorce as a Qualifying Tactic: Success Case Studies and Horror Stories
- What Happens When the Second Spouse Goes Into the Nursing Home
- Legal Ethics of Medicaid Asset Planning
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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 |
| 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
-
Medicaid Nursing Home Eligibility Requirements
- General Recipient Eligibility
- Asset Limits and Exclusions
- Transfer Eligibility and the Lookback Period
- Estate Recovery Rights and Limitations
-
Community Spouse Impoverishment Rules and Planning
- State Hardship Waivers and Exemptions
- Obtaining Minimum Monthly Maintenance Needs Allowance (MMMNA)
-
General Asset Planning and Transfer Approaches
- Primary Residence Protections and Exclusion, Live-in Caregiver Child Rights
- Drafting the Intent to Return Home Affidavit
- Exempt Transfers (to a Community Spouse, a Disabled Child, a Minor Child)
- Under-FMV Transfers/Gifts Within 60 Months and Other Mistakes
-
Leveraging Medicaid Asset Protection Trusts
- Irrevocability
- Do Special Needs Trusts Qualify?
- Planning for Trust Income
- Specific Trust Language That Protects Eligibility
- Funding the Trust Without Triggering a Penalty Period
-
Divorce as a Qualifying Tactic: Success Case Studies and Horror Stories
-
What Happens When the Second Spouse Goes Into the Nursing Home
- Eligibility Changes From Married to Individual Limits
- Crisis Planning Spenddown Options
- Promissory Note Approach
- Asset Re-Appraisals
- Expense Pre-Payment
-
Legal Ethics of Medicaid Asset Planning
- Determining Client Capacity
- Joint Representation of Spouses
- Attorney Fees and Scope of Representation
- Clients With Disabilities: Ensuring Proper Access to Legal Services
Who Should Attend
This Medicaid legal guide is designed for attorneys. It will also benefit accountants, fiduciaries, and paralegals for your multi-disciplinary teams.
Speakers
Speaker bio
Rhonda D. Steller
is the manager at Medicaid Planning & Resource Center, Law Firm, PLLC in Leesburg, Florida. She has been a Medicaid planner for over 19 years.
Speaker bio
Ricardo Aponte-Parsi
is a real estate and corporate counsel with a 22+ year track record of assessing risk, managing litigation, and building compliance systems to protect organizational interests. He is a trusted business partner and problem solver, dedicated to delivering exceptional results that advance business objectives through preventive counseling, strategic risk management, and shrewd advocacy. Mr. Aponte-Parsi is a team leader and project manager who builds relationships, leads change, and communicates effectively with private and public stakeholders. He earned his bachelor's degree from Syracuse University, with a major in international relations, and his J.D. degree from the Interamerican University of Puerto Rico School of Law. In May 2014, Mr. Aponte-Parsi completed his Master of Laws degree from Northwestern University School of Law and a Certificate in Business Administration from IE Business School in Madrid, Spain. In 2018, he completed a second LL.M. degree at Georgetown University Law School in securities and financial regulation. In 2022, Mr. Aponte-Parsi completed a certification in privacy law from Seton Hall University School of Law. He was president of the Board of the Puerto Rico Education Council, the licensing agency for the Commonwealth, and is currently the chairman of the Board of Trustees of the San Juan Community College. Since November of 2024, Mr. Aponte-Parsi has worked as an associate general counsel at the Office of the General Counsel of the Air Force (SAF/GCN) at Lackland Air Force Base, in San Antonio, Texas. SAF/GCN provides legal and policy advice to members of the Secretariat, air staff, and space staff on virtually all matters relating to the department's 180 installations, nearly 10 million acres of real estate, base realignment, and closure; annual $7 billion installation and operational energy budgets; annual multibillion-dollar military construction program; $8.3 billion military privatized housing portfolio; programs for environmental planning, compliance, and restoration and natural and cultural resources management; and programs for safety and occupational health. The division advises the Center of Excellence for Environment, Facilities, and Installations and the Energy, Environmental, and Installations Directorates within the Air Force Civil Engineer Center.
Speaker bio
Lora N. Williams
is sole owner of Williams Law Office, PC, near Greensburg, Indiana, where her primary focus is estate and business planning. She also maintains a creditor collections practice in central Indiana. Ms. Williams is a frequent presenter for National Business Institute, and has previously taught business law courses at Indiana Wesleyan University and Butler University. She earned her B.A. degree from Purdue University, her J.D. degree from Syracuse University and her Master in Public Administration Degree from Syracuse University. Ms. Williams is a member of the Indiana State Bar Association, Indianapolis Bar Association, Decatur County Bar Association and Kentucky Bar Association. She is admitted to practice law in both Indiana and Kentucky.
Speaker bio
Charles W. Beinhauer
is of counsel in the Buffalo law firm of Pfalzgraf Beinhauer Grear Harris Schuller LLP. His practice focuses entirely in the fields of estates and trusts, estate administration, and elder law. Mr. Beinhauer is a former member of the New York State Bar Association's Elder Law Committee. He is a former member of the Bar Association of Erie County's Elder Law Committee, Surrogate Court Practice and Procedure Committee, Lawyers Helping Lawyers Committee, and the Speakers Bureau. Mr. Beinhauer is a former member of the New York State Lawyers Assistance Trust and the New York State Bar Association's Lawyers Assistance Committee. He is a graduate of Georgetown University and the Columbus School of Law Catholic University of America in Washington, D.C.
Speaker bio
Stephen B. Keogh
is the principal of Keogh.Law, practicing primarily in elder law and probate law. A magna cum laude graduate of Yale College, Mr. Keogh earned his J.D. degree from Columbia University. He is a member of the Fairfield County, Connecticut and American bar associations; and the National Academy of Elder Law Attorneys. Mr. Keogh is a member of the Board of Directors of the Connecticut Chapter of the National Academy of Elder Law Attorneys, member of the Executive Committee of the Elder Law Section of the Connecticut Bar Association, and past co-chair of the Elder Law Section of the Fairfield County Bar Association. He is also a member of the Community Bioethics Forum, which is sponsored by the Program for Biomedical Ethics at the Yale School of Medicine, of both the Bioethics Committee and the Pediatric Bioethics Committee of Yale-New Haven Hospital. Mr. Keogh was the first recipient of the Glenn E. Knierim Pro Bono Award, given by the Connecticut Probate Assembly in April 2012.
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