Elder Law

NY Specific

Live Online

Protecting Assets While Qualifying for Medicaid in New York

Credits Available
Credit Status Total
Connecticut CLE Approved 6 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
Nathan Shoff
Stuart Schoenfeld
Joanna Feldman
Steven Kass
With Nathan A. Shoff from Lacy Katzen LLP + 3 others

Tue, Feb 09, 00:00 AM – 00:00 PM

Product ID 102892

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Course Includes
$489

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

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. Trust-Based Medicaid Planning in Detail
  4. Crisis Planning and Assistance
  5. Using Special Needs Trusts - Sample Trust Review
  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 102892

Credit Details

Credits Available
Credit Status Total
Connecticut CLE Approved 6 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

Credit Details by Jurisdiction

Live Webinar Registration

CLE Credits
Connecticut CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Live - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 hours toward your annual CLE requirement in Connecticut, including 1.0 hour(s) of ethics/professionalism.

New Jersey CLE Approved · 7.2 Total Credits
  • 1.2 Ethics/Professionalism

Live - New Jersey CLE - 7.2: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.20 hours of total CLE credit. Of these, 1.20 qualifies as hours of credit for ethics/professionalism.

New York CLE Approved · 7 Total Credits
  • 6 Areas of Professional Practice
  • 1 Ethics/Professionalism

Live - New York CLE - 7: This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and 1.0 hour can be applied toward the Ethics/Professionalism requirement. This nontraditional format program is appropriate for newly admitted attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Pennsylvania CLE Approved · 6 Total Credits
  • 1 Ethics

Live - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board for a total of 6.0 hours, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse CLE credit.

Other Credits
New York CPE for Accountants Approved · 7 Total Credits
  • 7 Advisory Services

Live - New York CPE for Accountants - 7: National Business Institute is an approved sponsor with the New York State Board of Public Accountancy. This program is designed to qualify for 7.0 hours of CPE credit for accountants (Sponsor License # 000232).

CPE for Accountants/NASBA Approved · 7 Total Credits
  • 6 Specialized Knowledge
  • 1 Regulatory Ethics

Live - CPE for Accountants/NASBA - 7: NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint, refund and program cancellation, please contact our offices at (800) 930-6182.

OnDemand Video

CLE Credits
Connecticut CLE Approved · 6 Total Credits
  • 1 Ethics/Professionalism

Earn Until

OnDemand - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

Video Download - Connecticut CLE - 6: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

New Jersey CLE Approved · 7.2 Total Credits
  • 1.2 Ethics/Professionalism

Earn Until

OnDemand - New Jersey CLE - 7.2: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.20 hours of alternative format CLE credit. Of these, 1.20 qualifies as hours of alternative learning format credit for ethics/professionalism.

Video Download - New Jersey CLE - 7.2: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.20 hours of alternative format CLE credit. Of these, 1.20 qualifies as hours of alternative learning format credit for ethics/professionalism.

New York CLE Approved · 7 Total Credits
  • 6 Areas of Professional Practice
  • 1 Ethics/Professionalism

Earn Until

OnDemand - New York CLE - 7: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted attorneys. 1.0 hour can be applied toward the Ethics/Professionalism requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Video Download - New York CLE - 7: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted attorneys. 1.0 hour can be applied toward the Ethics/Professionalism requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Pennsylvania CLE Approved · 6 Total Credits
  • 1 Ethics

Earn Until

OnDemand - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

Video Download - Pennsylvania CLE - 6: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

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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. 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

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

Nathan A Shoff
Nathan A.
Shoff
Lacy Katzen LLP
Stuart H Schoenfeld
Stuart H.
Schoenfeld
Capell Barnett Matalon & Schoenfeld LLP
Joanna C Feldman
Joanna C.
Feldman
Maker, Fragale & Di Costanzo, LLP
Steven A Kass
Steven A.
Kass
Law Office of Steven A. Kass, P.C.
Speaker bio
Nathan A Shoff

Nathan A. Shoff

Lacy Katzen LLP
Nathan Shoff

is a partner at Lacy Katzen LLP. He compassionately assists clients facing the inevitable challenges of aging, sickness, and death, by counseling clients on how to put the best estate plan in place for their needs. This involves guidance on what form of estate plan is most appropriate, whom to appoint as fiduciary of that plan (Power of Attorney Agent, Trustee, Executor), and what kind of property beneficiaries (children, grandchildren, charities, etc.) should receive after a person’s death. Over more than a decade in practice, Mr. Shoff has assisted many individuals and families with planning ahead for their incapacity and death through the effective drafting of Health Care Proxies, Living Wills, Last Wills, Powers of Attorney, Revocable and Irrevocable Trusts. As part of planning for the elderly and disabled individuals, he will also counsel clients on what public benefits may be available to help pay for a client’s long-term care. This often involves navigating the complex rules and regulations of the Medicaid program in New York, in order to preserve clients' assets as much as possible while still obtaining the Medicaid coverage needed to pay for their long-term medical needs. After the passing of a loved one, Mr. Shoff assists the fiduciary (Trustee, Administrator or Executor) with the administration of that person’s estate, to ensure that the final wishes expressed in their estate planning documents are fulfilled. This process may involve the probate of a Last Will or other Court proceeding, which he walks clients through with careful precision. After graduating UB Law, Mr. Shoff started his career in a small general practice firm in Buffalo, New York, before coming to the Rochester and Finger Lakes area in 2008 to work as a legal editor with the publisher Thomson West. During this time, he continued his active practice of law in the areas of estate planning, estate administration, family law, and residential real estate, until leaving Thomson West in 2016 to focus more exclusively on estate planning law. Over the years, Mr. Shoff has given several public and private seminars on various estate planning topics, including the proper preparation and use of Powers of Attorney, Wills, and Trusts. He earned his B.A. degree, summa cum laude, from Canisius College and his J.D. degree, magna cum laude, from SUNY at Buffalo School of Law.

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Speaker bio
Stuart H Schoenfeld

Stuart H. Schoenfeld

Capell Barnett Matalon & Schoenfeld LLP
Stuart Schoenfeld

is a partner at Capell Barnett Matalon & Schoenfeld LLP. He extensive elder care and estate planning practice spans over 25 years and includes the preservation of assets for the benefit of chronically ill, developmentally delayed, and elderly individuals, planning and applying for Medicaid, guardianship proceedings, and supplemental needs planning. With regard to estate and asset preservation planning, he favors an approach integrating the financial, legal, and tax objectives of the client into a plan that protects and preserves assets, maintains a standard of living, and maximizes available tax benefits. In addition to his elder care and estate planning practice,  Mr. Schoenfeld counsels clients regarding the sale or purchase of personal or investment properties or businesses, including leasing and financing transactions, buy-sell agreements and succession planning, assisting clients with all aspects of the transaction from due diligence to closing. He  lectures throughout the New York metropolitan area regarding elder care, estate planning, Medicaid, planning for children and adults with developmental disabilities and real estate.  Mr. Schoenfeld was a participant in recent programs held at the Suffolk County and Nassau County bar associations. He is a frequent presenter for the Nassau and Suffolk County chapters of the National Council of CPA Practitioners and the New York State Society of CPAs. Mr. Schoenfeld previously served as a faculty member at Queens College, Department of Continuing Education. He is presently a member of the Board of Directors of the Rehabilitation Institute, which provides vocational, educational and therapeutic services to individuals with disabilities.  Mr. Schoenfeld previously served as President of the Association for Children with Down syndrome, an agency serving the needs of children and adults with Down syndrome, autism and other developmental disabilities and was honored at their 2013 gala for his years of dedication and leadership.  Mr. Schoenfeld earned his B.S. degree from Brandeis University and his J.D degree from Hofstra University School of Law.

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Speaker bio
Joanna C Feldman

Joanna C. Feldman

Maker, Fragale & Di Costanzo, LLP
Joanna Feldman

is a partner with the law firm Maker, Fragale & Di Costanzo, LLP located in Rye, New York, and Yorktown Heights, New York. Her areas of practice focus on elder law, trusts and estate planning, Medicaid and long-term care planning, estate administration, special needs planning, and guardianships. Ms. Feldman supports prospective and existing clients, offering peace of mind and comfort during what can be a difficult and confusing time. Prior to joining the firm, she served thirteen years with a prestigious Westchester County law firm primarily representing local governments in all areas of municipal law, including tax certiorari, and counseled elected and appointed officials. Ms. Feldman began her legal career with a year-long judicial clerkship. She earned her Juris Doctor degree, cum laude, from American University, Washington College of Law, where she was the Vice Magister of the international legal honor society Phi Delta Phi and tutored children in the community. Ms. Feldman earned her Bachelor of Arts degree from Colgate University, where her studies concentrated in English Literature and was an accepted member of a competitive study program in London, England. She is an active member of both the Elder Law and Special Needs and Trusts and Estates Law sections of the New York State Bar Association (NYSBA). Since 2022, Ms. Feldman has served as a member of the Board of Directors of the Estate Planning Council of Westchester County, and she is also a member of the Trusts & Estates section and Elder Law, Adult Guardianship, and Tax Certiorari & Condemnation committees of the Westchester County Bar Association (WCBA). She is also an active volunteer in Westchester County Senior Law Day. Ms. Feldman is also a member of the Westchester County chapter of the National Association of Divorce Professionals, which is comprised of professionals serving divorcing clients. She is licensed to practice in New York, and is a frequent author and speaker on current elder law and estate planning topics.

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Speaker bio
Steven A Kass

Steven A. Kass

Law Office of Steven A. Kass, P.C.
Steven Kass

is a solo practitioner in Melville, New York, and for over the past 30 years has concentrated his practice in estate planning and elder law, planning for persons with special needs, wills, trusts, and guardianships. He is a certified elder law attorney through the National Elder Law Foundation. Mr. Kass is a member of the Nassau County, Suffolk County, New York State and American bar associations; as well as the National Academy of Elder Law Attorneys, National Elder Law Foundation and the Academy of Special Needs Planners. He earned his J.D. degree and a Certificate in Health Law and Policy from Pace University School of Law.

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