Agenda

1. Applying for Medicaid - The Four Eligibility Requirements

   1. Medical Eligibility: The Needs Assessment
   2. Resource Eligibility: Exempt vs. Countable Assets
   3. Income Eligibility
   4. Transfer Eligibility
      1. The Lookback Periods
      2. Transfers and Penalty Periods
         1. Transfer Penalty
         2. Penalty Beginning Date
         3. Partial Months of Ineligibility
         4. Monthly Maintenance Need Allowance (MMMNA) for the Community Spouse
         5. Annuity Transfer Rules and Tactics
   5. Estate Recovery Rules
   6. Current Medicaid Planning Programs and Rules

2. Pre-Need Asset Planning

   1. Medicaid Planning for Single vs. Married Applicants
   2. Transferring Real Property Without Jeopardizing Medicaid Eligibility
      1. When Does the Home Become a Countable Asset?
      2. How is "Intent to Return Home" Interpreted?
      3. Titling of the Home and Basic Homestead Issues in a Medicaid Planning Context
   3. Life Estates
   4. Asset Valuation - Fair Market Value under DRA
   5. Using Life Insurance to Spend Down
   6. Interstate Transfers
   7. Protecting Veterans Benefits
   8. The Gifting Powers in Powers of Attorney

3. Trust-Based Medicaid Planning in Detail

   1. Choosing the Assets for Funding the Trusts
   2. Key Provisions and Sample Trust Language
   3. Self-Settled Trusts and Their Impact on Eligibility
   4. Using Income-Only Trusts
      1. Purpose of Using IOTs
      2. Principal Distribution Provision
      3. Taxation of IOTs
         1. Income Taxation and Tax Reporting
         2. Gift Tax and Reporting

4. Crisis Planning and Assistance

   1. Asset Purchase Strategies Available
      1. Purchases
      2. Payments
   2. Asset Transfer Strategies Available
      1. How to Transfer Residence to Caregiver Child
      2. How to Transfer Residence to Sibling With Equity Interest Who's Resided There for at Least One Year
      3. How to Transfer Residence Subject to Life Estate
      4. How to Transfer Residence Subject to Occupancy Agreement
      5. Caregiver Agreement Between Parent and Child
   3. Contesting/Appealing the Penalty Period Dates and Other Adverse Medicaid Decisions

5. Using Special Needs Trusts - Sample Trust Review

   1. When Can SNTs be Used?
   2. Drafting an SNT - Common Mistakes to Avoid
   3. Documenting the Assets Transfer into the Trust
   4. Choosing a Suitable Trustee
   5. Sample Special Needs Trust Document Review

6. Applied Legal Ethics

   1. Avoiding Conflicts of Interest (Who is Your Client?)
   2. Dealing With Clients' Diminishing Mental Capacity
   3. Spotting and Preventing Elder Abuse
   4. Appropriate Client Communications
   5. Navigating Through Family Conflict
   6. Setting and Collecting Attorney Fees