Elder Law

4.26

Disability Planning and Special Needs Trusts

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
Idaho CLE Upon Request 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Rhode Island CLE Upon Request 6 Total
Washington CLE Approved 6 Total
OnDemand
6 hours 1 minute
David McGuffey
Charles Consagra
Elizabeth Forgotson Goldberg
Charlie Brown
Elizabeth Fink
With David L. McGuffey from Elder Law Practice of David L. McGuffey, LLC + 4 others
Recorded November 17, 2023
Product ID 97440

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Overview

Advising Clients on Aging and Disability Issues

Aging and disability have become major factors driving clients' planning decisions. This practical overview will give you essential knowledge for addressing disability, nursing home care funding, proxy decision-making questions, and more. Experienced faculty will share their trust drafting approaches and help you incorporate the many benefits eligibility, asset protection, and quality of life considerations into your special needs trusts. Round out your skills - register today!

  • Get an overview of Social Security Disability claims process and evaluation factors.
  • Structure asset planning for Medicaid eligibility to cover nursing home care.
  • Help clients delegate decision-making with wise use of financial POAs and medical proxies.
  • Draft better special needs trusts with experienced attorneys' tips for preserving benefits and improving quality of life.
  • Protect yourself and your clients with a legal ethics guide tailored to the specific concerns of the practice.

Abbreviated Agenda

  1. Social Security Disability Claims Process Overview
  2. Qualifying Clients for SSDI: Medical and Work History
  3. Powers of Attorney: Financial and Medical
  4. Medicaid Planning for Nursing Home
  5. Drafting Special Needs Trusts (SNTs)
  6. SNT Post-Drafting Issues, Administration, and Expenses
  7. Legal Ethics of Elder and Disability Law Practice

Related Topics

Product ID 97440

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
Idaho CLE Upon Request 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Rhode Island CLE Upon Request 6 Total
Washington CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Social Security Disability Claims Process Overview

    1. SSI vs. SSDI - Should the Client Apply for Both Simultaneously?
    2. Sequential Evaluation of Claims: Key Procedural Steps
    3. SSDI Briefs and Hearings
    4. Federal Court Appeals
    5. EAJA Fees to Reduce the Clients' Financial Burden

  2. Qualifying Clients for SSDI: Medical and Work History

    1. Determining Date Last Insured
    2. Impairment Listings: Physical and Mental
    3. Medical and Prescription History
    4. Demonstrating ADL (Activities of Daily Living) Limitations and Assessing Residual Functional Capacity (RFC)
    5. Past Work Attempts
    6. Addressing Vocational Expert Findings

  3. Powers of Attorney: Financial and Medical

  4. Medicaid Planning for Nursing Home

    1. Asset and Income Eligibility
    2. Transfer Lookback Period
    3. Excluded Assets
    4. Use of Gifting, Annuities, Care Agreements, and More
    5. Community Spouse Planning
    6. Intent to Return Home

  5. Drafting Special Needs Trusts (SNTs)

    1. Third Party
    2. Self-Settled
    3. Pooled Income Self-Settled
    4. Spenddown and Lookback Planning
    5. Guarding Against the Estate Recovery Payback Provision
    6. Drafting to Preserve Government Benefits Eligibility
    7. The Use of ABLE Accounts

  6. SNT Post-Drafting Issues, Administration, and Expenses

  7. Legal Ethics of Elder and Disability Law Practice

    1. Who is Your Client?
    2. Representation of Spouses
    3. Guarding Client Confidentiality
    4. Verifying Client Mental Capacity
    5. Elder Abuse Reporting Obligations
    6. Attorneys Who Serve as Trustees

Who Should Attend

This legal guide is designed for attorneys. It will also benefit nursing home administrators, accountants, and paralegals.

Speakers

David L McGuffey
David L.
McGuffey
Elder Law Practice of David L. McGuffey, LLC
Charles I Consagra
Charles I.
Consagra
Needle Law Firm
Elizabeth Forgotson Goldberg
Elizabeth
Forgotson Goldberg
Law Offices of Elizabeth Forgotson Goldberg
Charlie Brown
Charlie
Brown
Brown Estate Planning & Elder Law
Elizabeth M Fink
Elizabeth M.
Fink
WhiteheadFink Elder Law LLC
Speaker bio
David L McGuffey

David L. McGuffey

Elder Law Practice of David L. McGuffey, LLC
David McGuffey

is in private practice with the Elder Law Practice of David L. McGuffey, LLC, located in Dalton, Georgia. Mr. McGuffey limits his practice to elder law and special needs law. Much of his practice is devoted to helping individuals with chronic health conditions, and to find, get and pay for good long-term care. He is certified as an elder law attorney by the National Elder Law Foundation. In 2021, Mr. McGuffey launched the educational website EzElderLaw.com. As of now, EzElderLaw has more than 1,000 pages of information available to its readers with more coming almost every day. He earned his B.A. and J.D. degrees from Georgia State University. He is a member of the National Academy of Elder Law Attorneys and various local bar associations. He is a past chair of the State Bar of Georgia's Elder Law Section and the Tennessee Bar Association's Elder Law Section.

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Speaker bio
Charles I Consagra

Charles I. Consagra

Needle Law Firm
Charles Consagra

is of counsel with Needle Law Firm, where he concentrates in the field of administrative law, with primary specialty in the areas of workers' compensation, unemployment compensation and Social Security. Since 1978, Mr. Consagra has been a part-time faculty member at Keystone College as an instructor in the areas of education, behavioral sciences, criminal justice and business law. He is an instructor in business for graduate students through Marywood University. Mr. Consagra earned his B.A. degree, magna cum laude, from the University of Scranton and his J.D. degree from Seton Hall University School of Law. He earned his Master of Arts degree in counseling psychology and his Master of Science degree in Ed from Marywood University. Mr. Consagra also holds a M.Div degree and Ph.D. degree (all but dissertations).

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Speaker bio
Elizabeth Forgotson Goldberg

Elizabeth Forgotson Goldberg

Law Offices of Elizabeth Forgotson Goldberg
Elizabeth Forgotson Goldberg

is a sole practitioner at the Law Offices of Elizabeth Forgotson Goldberg located in Bethesda, Maryland, where she practices in the areas of wills, trusts, estates, special needs trusts, elder law, probate, estate administration, family law, homeowners association law and estate planning for the elderly. Ms. Forgotson Goldberg is a NELF certified attorney. She earned her B.A. and M.A. degrees from Duke University and her J.D. degree from George Washington University Law School. Ms. Forgotson Goldberg is a member of the Montgomery County Bar Association, the District of Columbia Bar, the Maryland State Bar Association, the National Association of Elder Law Attorneys (NAELA) and the Women's Bar Association of Maryland.

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Speaker bio
Charlie Brown

Charlie Brown

Brown Estate Planning & Elder Law
Charlie Brown

is a Board Certified Specialist in Estate Planning and Probate Law by the North Carolina State Bar, focusing his practice on the transfer and protection of assets. Mr. Brown is the principal attorney at the law firm of Brown Estate Planning & Elder Law with offices in Graham and Raleigh. He was previously a trust officer with Wachovia Bank and a senior tax advisor with Arthur Andersen. His practice involves estate planning; Medicaid and elder law issues; trust and estate taxation; and trust and estate administration. Mr. Brown earned his B.A. degree, magna cum laude, and his M.B.A. degree at Wake Forest University and his J.D. degree at Wake Forest University School of Law.

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Speaker bio
Elizabeth M Fink

Elizabeth M. Fink

WhiteheadFink Elder Law LLC
Elizabeth Fink

is a partner at WhiteheadFink Elder Law LLC, in Chicago, Illinois, where she practices in the areas of estate and trust administration, guardianship, Medicaid planning, estate planning and elder law. Ms. Fink is a member of the Chicago Bar Association (Elder Law Committee and Probate Practice Committee); a former mentor with the CBA group mentoring program in probate and estates; a board member of the National Academy of Elder Law Attorneys, Illinois Chapter; and co-chair of the education committee of the National Academy of Elder Law Attorneys, Illinois Chapter. She earned her B.A. degree from Denison University and her J.D. degree from The John Marshall Law School.

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