Elder Law

4.34

Medicaid: Qualifying Clients for Immediate Care and Protecting Assets

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 50 minutes
Ronald Fatoullah
Laura Drake
George Aljoe
Terry Garrett
With Ronald Fatoullah from Meltzer, Lippe, Goldstein & Breitstone, LLP + 3 others
Recorded December 18, 2024
Product ID 98737

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Overview

Helping Clients Secure Nursing Home Coverage Without Destroying Family Assets

Medicaid planning is most effective when done ahead of time. Sadly, most clients seek help when the need for nursing home is urgent or when the loved one is already in the facility. Do you have all the tools at your disposal for tackling such tough cases? This practical guide zeroes in on the very techniques that work in the crisis situations - when the penalty period is already triggered or care is already being provided. Learn what asset transfer approaches are still available and how to make certain to protect family assets. Help clients make the best of a tough situation. Register today!

  • Clarify what types of asset transfers will NOT trigger penalty periods of ineligibility.
  • Get all the tools you need to provide for the spouse staying in the community.
  • Draft caregiver agreements that are sure to qualify for Medicaid compensation.
  • Protect the family home with techniques tailored to specific family dynamics and circumstances.

Abbreviated Agenda

  1. What Happens in an Emergency Medical Situation
  2. Asset Purchase and Transfer Strategies
  3. How to Transfer a Residence
  4. Life Care Contracts Between Parents and Children
  5. Providing for the Community Spouse
  6. Legal Ethics in Medicaid Practice
  7. Emergency Medicaid for Non-Qualified Non-Citizens and Undocumented Individuals
Product ID 98737

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. What Happens in an Emergency Medical Situation

    1. When a Family Member Requires an Emergency Admittance into a Nursing Facility
    2. Medicare as a Short-Term Solution
    3. "Medicaid Pending"
    4. Medicaid Waiver Programs and Other Home- and Community-Based Care Programs
    5. Other Means of Nursing Home Care Coverage
  2. Asset Purchase and Transfer Strategies

    1. Purchases and Payments
    2. Annuity Transfer Rules and Tactics
    3. Pre-Payment of Expenses
  3. How to Transfer a Residence

    1. Applying for a Penalty-Free Transfer
    2. Transfer to a Caregiver Child
    3. Transfer to Sibling with Equity Interest Who's Resided There for at Least One Year
    4. Residence Subject to Life Estate or Occupancy Agreement
    5. HCFA Tables and Medicaid Recovery on the Property Subject to Life Estate
    6. Purchasing a Life Estate in the Home of a Child
    7. Occupancy Agreement (with Sample Language)
  4. Life Care Contracts Between Parents and Children

    1. Sample Caregiver Agreement
    2. Tax Considerations for the Caregiving Child
    3. What Constitutes Reasonable Compensation (Medicaid Reimbursement Rate Paid to a Private Caregiver)
    4. Formalities that Must be Observed for Medicaid to Accept it as a Valid Arrangement
  5. Providing for the Community Spouse

    1. Resource Allowance and CSRA Appeals
    2. Undue Hardship Waivers
    3. Seeking a Higher Amount than the Standard MMMA - Requesting a Fair Hearing to Prove "Exceptional Circumstance Resulting in Significant Financial Duress"
    4. Pre- and Post-Nuptial Agreements
  6. Legal Ethics in Medicaid Practice

    1. Conflicts of Interest
    2. Representing Spouses
    3. Attorney Fees
    4. Guarding Confidentiality
    5. Clients with Diminishing Mental Capacity
    6. Client Communication
  7. Emergency Medicaid for Non-Qualified Non-Citizens and Undocumented Individuals

Who Should Attend

This Medicaid planning guide is designed for attorneys. It will also benefit accountants, nursing home administrators, geriatric care managers, care coordinators, social workers, and paralegals.

Speakers

Ronald Fatoullah
Ronald
Fatoullah
Meltzer, Lippe, Goldstein & Breitstone, LLP
Laura Drake
Laura
Drake
Drake Law Practice LLC
George O Aljoe
George O.
Aljoe
Hickman Lowder Lidrbauch & Welch Co., L.P.A.
Terry L Garrett
Terry L.
Garrett
The Garrett Law Firm, PLLC
Speaker bio
Ronald Fatoullah

Ronald Fatoullah

Meltzer, Lippe, Goldstein & Breitstone, LLP
Ronald Fatoullah

is the chair of the firm's elder law practice group and is a partner in the firm's trusts and estates practice group at the law firm of Meltzer, Lippe, Goldstein & Breitstone, LLP. 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 ten years. Mr. Fatoullah is a fellow of the National Academy of Elder Law Attorneys. He 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
Laura Drake

Laura Drake

Drake Law Practice LLC
Laura Drake

is the founder of Drake Law Practice LLC, where her main areas of practice include special needs trusts, estate planning, and probate estate administration. Ms. Drake's bar admissions include Ohio, Kentucky and Indiana. She is a member of the Kentucky and Northern Kentucky bar associations. Ms. Drake earned her B.A. degree from Indiana University, Bloomington and her J.D. degree from the University of Minnesota Law School

Speaker bio
George O Aljoe

George O. Aljoe

Hickman Lowder Lidrbauch & Welch Co., L.P.A.
George Aljoe

is an attorney with Hickman Lowder Lidrbauch & Welch Co., L.P.A., he concentrates his practice on elder law, particularly Medicaid planning. He also focuses on asset protection, estate planning, and probate. His extensive knowledge of long-term care planning and Medicaid planning provides his clients with insight into how to meet their goals and protect their legacy. Mr. Aljoe earned his B.A. degree from Ohio University and his J.D. degree from the University of Akron School of Law. He is a member of the Stark County Bar Association Elder Law Committee, Akron Bar Association and the Ohio State Bar Association.

Speaker bio
Terry L Garrett

Terry L. Garrett

The Garrett Law Firm, PLLC
Terry Garrett

works in elder, estate and special needs planning, guardianship, and probate at The Garrett Law Firm, PLLC, in Austin, Texas. She is a certified elder law Attorney. Ms. Garrett graduated, with honors, from Cornell University; was on the dean's list at Wharton; earned the Parker Award and a Mellon Fellowship at Columbia University School of Law; and did post-graduate work at Harvard. She serves on the board of the Texas chapter of the National Academy of Elder Law Attorneys and the Federal Advocacy Committee of Elder Law Attorneys. Ms. Garrett presents for the Alzheimer's Association; has taught for the National Alliance on Mental Illness; and is a member of the Estate Planning Council of Central Texas.

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