Protecting Assets While Qualifying for Medicaid in New York
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Connecticut CLE |
|
6 Total | 10-22-2026 |
| New York CLE |
|
7 Total | 10-22-2027 |
| Pennsylvania CLE |
|
6 Total | 10-22-2026 |
Buy This Course
OnDemand Video
Video Download
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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
- Applying for Medicaid - The Four Eligibility Requirements
- Pre-Need Asset Planning
- Trust-Based Medicaid Planning in Detail
- Crisis Planning and Assistance
- Using Special Needs Trusts - Sample Trust Review
- Applied Legal Ethics
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Connecticut CLE |
|
6 Total | 10-22-2026 |
| New York CLE |
|
7 Total | 10-22-2027 |
| Pennsylvania CLE |
|
6 Total | 10-22-2026 |
Select Jurisdiction
CLE
Agenda
-
Applying for Medicaid - The Four Eligibility Requirements
- Medical Eligibility: The Needs Assessment
- Resource Eligibility: Exempt vs. Countable Assets
- Income Eligibility
- Transfer Eligibility
- The Lookback Periods
- Transfers and Penalty Periods
- Transfer Penalty
- Penalty Beginning Date
- Partial Months of Ineligibility
- Monthly Maintenance Need Allowance (MMMNA) for the Community Spouse
- Annuity Transfer Rules and Tactics
- Estate Recovery Rules
- Current Medicaid Planning Programs and Rules
-
Pre-Need Asset Planning
- Medicaid Planning for Single vs. Married Applicants
- Transferring Real Property Without Jeopardizing Medicaid Eligibility
- When Does the Home Become a Countable Asset?
- How is "Intent to Return Home" Interpreted?
- Titling of the Home and Basic Homestead Issues in a Medicaid Planning Context
- Life Estates
- Asset Valuation - Fair Market Value under DRA
- Using Life Insurance to Spend Down
- Interstate Transfers
- Protecting Veterans Benefits
- The Gifting Powers in Powers of Attorney
-
Trust-Based Medicaid Planning in Detail
- Choosing the Assets for Funding the Trusts
- Key Provisions and Sample Trust Language
- Self-Settled Trusts and Their Impact on Eligibility
- Using Income-Only Trusts
- Purpose of Using IOTs
- Principal Distribution Provision
- Taxation of IOTs
- Income Taxation and Tax Reporting
- Gift Tax and Reporting
-
Crisis Planning and Assistance
- Asset Purchase Strategies Available
- Purchases
- Payments
- Asset Transfer Strategies Available
- How to Transfer Residence to Caregiver Child
- How to Transfer Residence to Sibling With Equity Interest Who's Resided There for at Least One Year
- How to Transfer Residence Subject to Life Estate
- How to Transfer Residence Subject to Occupancy Agreement
- Caregiver Agreement Between Parent and Child
- Contesting/Appealing the Penalty Period Dates and Other Adverse Medicaid Decisions
- Asset Purchase Strategies Available
-
Using Special Needs Trusts - Sample Trust Review
- When Can SNTs be Used?
- Drafting an SNT - Common Mistakes to Avoid
- Documenting the Assets Transfer into the Trust
- Choosing a Suitable Trustee
- Sample Special Needs Trust Document Review
-
Applied Legal Ethics
- Avoiding Conflicts of Interest (Who is Your Client?)
- Dealing With Clients' Diminishing Mental Capacity
- Spotting and Preventing Elder Abuse
- Appropriate Client Communications
- Navigating Through Family Conflict
- 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
Speaker bio
Anthony C. Markus
is a partner of Markus & Sheridan, LLP. He has been effective in creating comprehensive trust and estate documents for his clients that diminish estate taxes, preserve the proper distribution of assets, and ensure that his clients' finances are properly managed for the future. Mr. Markus has also handled hundreds of divorce matters to successful conclusion through various methods including negotiated settlements, collaborative practices, and litigation. He is a co-author of New York Association of Collaborative Professionals Protocols of Practice, and is a board member of the New York Association of Collaborative Professionals and International Association of Collaborative Professionals. Mr. Markus also serves as town justice for the Village of Mount Kisco, New York. He graduated, cum laude, from Fairleigh Dickinson University and earned his J.D. degree from Pace University School of Law.
Speaker bio
Debby Rosenfeld
is counsel with Meltzer, Lippe, Goldstein & Breitstone, LLP, where she practices in the areas of elder law, estate planning and real estate. She is admitted to practice in New York. Ms. Rosenfeld lectures, as well as writes articles on various elder law issues for both attorneys and laypeople. She earned her B.A. degree from Barnard College of Columbia University and her J.D. degree from New York University School of Law. Ms. Rosenfeld is a member of the New York State and Nassau County bar associations.
Speaker bio
Katharine J. Richards
is a principal of The Law Offices of Katharine J. Richards, P.C., where she devotes her practice to elder law, estate planning, asset protection planning, estate administration, guardianship, Medicaid, Medicare, and real estate. She has served as a chair and vice-chair of the Nassau County Bar Association's Surrogate's Court Committee. Ms. Richards has also taught classes in elder law and estate planning at Queens College. She has been published in the Nassau County Bar Association's Nassau Lawyer and has presented numerous educational lectures and seminars to many community and professional groups. Ms. Richards earned her a B.A. degree, cum laude, from C.W. Post Campus of Long Island University and her J.D. degree from Hofstra University. She is a member of the National Academy of Elder Law Attorneys, New York State Bar Association (Trusts and Estate Law Section, Elder Law Section), Nassau County Bar Association (Elder Law, Social Services and Health Advocacy, and Surrogate's Court committees), and Suffolk County Bar Association (Elder Law and Surrogate Court committees).
Speaker bio
Stacey J. Meshnick
is Counsel to Meltzer, Lippe, Goldstein & Breitstone, LLP Trusts & Estates and Elder Law Practice Groups. She focuses on long term care planning, estate planning, preparation of wills & trusts, advance directives and guardianships. Ms. Meshnick is highly regarded for her contributions to the field of strategic Medicaid planning and is also known as a zealous advocate for her clients. She regularly lectures for attorneys, senior citizen organizations, nursing home employees, geriatric care managers and the public on elder law issues. Ms. Meshnick earned her B.A. from New York University, and her J.D. from New York Law School. She is admitted to practice in New York, and a member of the New York State Bar Association.
Speaker bio
Elizabeth A. Ingold
is a partner in the law firm of Rupp Pfalzgraf LLC, where she counsels families and individuals in all stages of life to achieve lifetime and testamentary goals. Ms. Ingold excels in tailoring sophisticated estate plans to conserve and transfer wealth, and to preserve businesses, real estate and other assets. She is a member of the National Academy of Elder Law Attorneys, New York State Bar Association, Erie County Bar Association and the Financial Counselors of Western New York. Ms. Ingold earned her B.A. degree from State University of New York at Geneseo and her J.D. degree, with a concentration in estate planning, from Albany Law School.
Speaker bio
Steven A. 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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