Elder Law

MA Specific

Protecting Assets While Qualifying for Medicaid

Credits Available
Credit Status Total
New Hampshire CLE Approved 6 Total
OnDemand
5 hours 58 minutes
Amy McIntyre
Todd Lutsky
Jessica Demmerly
Ronald Fatoullah
April Hill
Thomas McKinnon
With Amy McIntyre from Rubin and Rudman LLP + 5 others
Recorded November 07, 2023
Product ID 97361

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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. Trust-Based Medicaid Planning in Detail
  4. Using Special Needs Trusts - Sample Trust Review
  5. Crisis Planning and Assistance
  6. Applied Legal Ethics
Product ID 97361

Credit Details

Credits Available
Credit Status Total
New Hampshire CLE Approved 6 Total
Select Jurisdiction
CLE

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. 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. 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
  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

Amy McIntyre
Amy
McIntyre
Rubin and Rudman LLP
Todd E Lutsky
Todd E.
Lutsky
Cushing & Dolan, P.C.
Jessica A Demmerly
Jessica A.
Demmerly
Rubin and Rudman, LLP
Ronald Fatoullah
Ronald
Fatoullah
Meltzer, Lippe, Goldstein & Breitstone, LLP
April D Hill
April D.
Hill
Hill Law Group, PA
Thomas J McKinnon
Thomas J.
McKinnon
Cushing & Dolan, P.C.
Speaker bio
Amy McIntyre

Amy McIntyre

Rubin and Rudman LLP
Amy McIntyre

is a paralegal with Rubin and Rudman LLP in Boston. She is a member of the firm’s trust and estate department and elder law practice group. She concentrates on asset restructuring and Medicaid eligibility. She is a current law student at Western New England University Law School, where she is a JD candidate for May of 2024. Ms. McIntyre served as a junior staff member on the Western New England Law Review for Volume 45 and is serving as the online content editor for Volume 46. She is a student member of the Massachusetts chapter of National Academy of Elder Law Attorneys. Ms. McIntyre earned a bachelor’s degree in legal studies from Becker College and a master’s degree from Worcester State University in managerial leadership.

Speaker bio
Todd E Lutsky

Todd E. Lutsky

Cushing & Dolan, P.C.
Todd Lutsky

joined Cushing & Dolan, P.C. in 1995. He handles legal issues of trusts and estate planning in the greater Boston area, including elder law planning, irrevocable Medicaid trusts and the application process for Medicaid eligibility, representing clients at fair hearings, and all aspects of elder law planning. Mr. Lutsky's estate and gift tax planning practice includes, but is not limited to, the use of revocable trusts, joint revocable trusts, personal residence trusts, irrevocable life insurance trusts, spousal lifetime access trusts, New Hampshire domestic asset protection trusts, and all aspects of elder law planning. His business succession planning practice includes use of limited liability companies, family limited partnerships, deferred compensations, buy sell agreements, and sale of assets to defective irrevocable trusts. Mr. Lutsky is a former tax attorney and a member of the National Aging In Place Council, the Boston Estate Planning Council, and the National Academy of Elder Law Attorneys. Admitted to practice in Pennsylvania and Massachusetts, he has almost three decades of experience, is a current lecturer for Boston University School of Law’s Graduate Tax Program, and has been published in the Estate Planning Journal. Mr. Lutsky hosts his own radio show, The Legal Exchange with Todd Lutsky, where he uses real cases from around the country and real-life stories to educate the public one story at a time on important legal matters. His show focuses on estate, gift, and income tax planning matters, elder law planning including Medicaid eligibility and asset protection planning matters. Mr. Lutsky's most recently began appearing on the Financial Exchange Radio Show, in a segment called “Ask Todd,” where he takes callers questions on anything estate, gift, or elder law planning related. He earned his J.D. degree from the University of Toledo College of Law and his master’s degree in taxation from Boston University School of Law. Mr. Lutsky is regularly asked to speak on his areas of practice and writes extensively on estate and elder law planning topics.

Speaker bio
Jessica A Demmerly

Jessica A. Demmerly

Rubin and Rudman, LLP
Jessica Demmerly

is a partner with Rubin and Rudman, LLP, specializing in estate planning, elder law, and special needs planning. She earned her B.A. degree, cum laude, from Boston College; and her J.D. degree from Rutgers Law School - Camden Law. Ms. Demmerly is a member and co-chair of the Elder and Disability Law Subcommittee of the Trusts and Estates Steering Committee, Boston Bar Association; member, Rubin and Rudman Diversity, Equity & Inclusion Committee; member, Massachusetts Chapter of the National Academy of Elder Law Attorneys; member, Boston Estate Planning Council; and member, Massachusetts Bar Association. She is admitted to practice in Massachusetts.

Speaker bio
Ronald Fatoullah

Ronald Fatoullah

Meltzer, Lippe, Goldstein & Breitstone, LLP
Ronald Fatoullah

is the principal of the New York based law firm of Ronald Fatoullah & Associates, where he practices in the areas of elder law, estate planning, Medicaid planning, trusts, wills, guardianships, and estate administration. Mr. Fatoullah is the past president of the New York Chapter of the National Academy of Elder Law Attorneys. He also serves on the Executive Committee of the Elder Law and Special Needs Section of the New York State Bar Association, served on the Executive Council of AARP New York, and served as the chair of the Board of the Alzheimer’s Association Long Island Chapter for 10 years. Mr. Fatoullah. He is a fellow of the National Academy of Elder Law Attorneys. Mr. Fatoullah earned his B.A. degree, summa cum laude, from the State University of New York at Buffalo; and his J.D. degree from St. John's University School of Law.

Speaker bio
April D Hill

April D. Hill

Hill Law Group, PA
April Hill

is the founder of Hill Law Group, PA, a St. Petersburg law firm devoted to the field of elder law. Her practice is focused on the areas of estate planning, trusts, Medicaid, asset protection and probate. Ms. Hill is board-certified in elder law by both The Florida Bar Board of Legal Specialization and Education, and the National Elder Law Foundation. She is an adjunct professor at Stetson University College of Law in Gulfport, Florida. Prior to starting Hill Law Group, PA in 2002, she was employed by the Thirteenth Judicial Circuit Court and played a key role in the establishment of the Elder Justice Center, a unique court program designed to help elderly individuals gain access to the court system. Ms. Hill is a member of The Florida Bar Elder Law Section, National Academy of Elder Law Attorneys, and Florida Academy of Elder Law Attorneys. She earned her B.A. degree from Christopher Newport University and her J.D. degree from Stetson University College of Law.

Speaker bio
Thomas J McKinnon

Thomas J. McKinnon

Cushing & Dolan, P.C.
Thomas McKinnon

is an attorney with Cushing & Dolan, P.C. in the Elder Law Group of our firm's Estate Planning department. In his capacity, he is responsible for assisting clients in preparing long-term care applications and long-term care asset protection planning using various tools such as Pooled Trusts and Annuities. Mr. McKinnon is also responsible for drafting a variety of estate planning documents, including revocable trusts, Medicaid Irrevocable trusts, irrevocable life insurance trusts, Wills, deeds, and incapacity documents. He earned his J.D. from New England Law | Boston in 2014 with a concentration in intellectual property. Mr. McKinnon graduated from Stonehill College in 2011 with a B.A. in Political Science. While in law school, he was a member of the Intellectual Property Law Association and concentrated in US intellectual property and entertainment law. Mr. McKinnon is admitted to practice in Massachusetts.

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