Elder Law

NJ Specific

Live Online

Protecting Assets While Qualifying for Medicaid in New Jersey

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
New York CPE for Accountants Approved 7 Total
CPE for Accountants/NASBA Approved 7 Total
Live Online
6 hours
Daniel Del Collo
Daniel Jurkovic
Ryann Siclari
With Daniel Del Collo III from The Law Office of Daniel Del Collo III + 2 others

Thu, Nov 19, 00:00 AM – 00:00 PM

Product ID 102427

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$389

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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

  1. Applying for Medicaid - The Four Eligibility Requirements
  2. Pre-Need Asset Planning
  3. Crisis Planning and Assistance
  4. Using Special Needs Trusts - Sample Trust Review
  5. Trust-Based Medicaid Planning in Detail
  6. Applied Legal Ethics

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Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102427

Credit Details

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
New York CPE for Accountants Approved 7 Total
CPE for Accountants/NASBA Approved 7 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  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. 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

  4. 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

  5. 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

  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

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

Daniel Del Collo III
Daniel
Del Collo, III
The Law Office of Daniel Del Collo III
Daniel J Jurkovic
Daniel J.
Jurkovic
Law Office of Daniel Jurkovic, P.C.
Ryann M Siclari
Ryann M.
Siclari
Siclari Legal
Speaker bio
Daniel Del Collo III

Daniel Del Collo, III

The Law Office of Daniel Del Collo III
Daniel Del Collo

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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Speaker bio
Daniel J Jurkovic

Daniel J. Jurkovic

Law Office of Daniel Jurkovic, P.C.
Daniel Jurkovic

is a solo practitioner located in Rutherford, New Jersey, whose practice is concentrated in the areas of elder law, guardianship, disability planning and estate planning. He has been granted the title of certified elder law attorney by the National Elder Law Foundation. This certification has been approved by the New Jersey Supreme Court and accredited by the American Bar Association. Recently, Mr. Jurkovic represented the Guardianship Association of New Jersey, Inc. (GANJI) and the National Academy of Elder Law Attorneys-N.J. (NAELA-NJ), as amicus parties before the New Jersey Supreme Court in the matter of Thomas Saccone v. Board of Trustees, Police and Fireman's Retirement System. He previously served as lead attorney on the amicus curiae brief submitted to the New Jersey Supreme Court in the matter of In Re Keri. Mr. Jurkovic earned his B.S.B.A. degree from Thomas Edison State College, his M.S. degree in labor relations from Cornell University and Baruch College and his J.D. degree and a certificate in health law policy from Pace University School of Law.

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Speaker bio
Ryann M Siclari

Ryann M. Siclari

Siclari Legal
Ryann Siclari

is an attorney with Siclari Legal. She has a Masters of Law specializing in elder law and concentrates her practice on a wide range of elder and disability law issues including long term care, government benefits planning and advocacy, estate and trust administration, and estate planning. Ms. Siclari counsels people who are aging or disabled, or their families with respect to how they can accomplish their goals including having sufficient health coverage, aging in place, or preserving assets against possible long term care costs. She is currently chair of the New Jersey State Bar Association. Ms. Siclari earned her B.A. degree, magna cum laude, from University of Alaska Fairbanks, her J.D. degree, magna cum laude, from Widener University Delaware School of Law and her LL.M. degree in elder law, with distinction, from Stetson University College of Law. She is licensed to practice law in New Jersey, Pennsylvania, and United States District Court, District of New Jersey.

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