Elder Law

OH Specific

4.28

Protecting Assets While Qualifying for Medicaid in Ohio

Credits Available
Credit Status Total
Ohio CLE Approved 6 Total
OnDemand
5 hours 54 minutes
James Koewler
Richard Koblentz
Ethan Welch
With James L. Koewler Jr. from The Koewler Law Firm + 2 others
Recorded October 10, 2024
Product ID 99109

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

Related Topics

Product ID 99109

Credit Details

Credits Available
Credit Status Total
Ohio 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. 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

  4. 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

  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

James L Koewler Jr.
James L.
Koewler, Jr.
The Koewler Law Firm
Richard S Koblentz
Richard S.
Koblentz
Koblentz, Penvose & Froning, LLC
Ethan A Welch
Ethan A.
Welch
Hickman Lowder Lidrbauch & Welch Co., L.P.A.
Speaker bio
James L Koewler Jr.

James L. Koewler, Jr.

The Koewler Law Firm
James Koewler

is the founder of The Koewler Law Firm, where his main areas of practice include elder law, special needs and Medicaid planning, and veterans disability. He is a member of the Ohio State, American, Cleveland Metropolitan and Akron bar associations. Mr. Koewler is a member of the National Academy of Elder Law Attorneys, and the Life Care Planning Law Firms Association. He earned his B.S. degree from Purdue University and his J.D. degree from Indiana University.

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Speaker bio
Richard S Koblentz

Richard S. Koblentz

Koblentz, Penvose & Froning, LLC
Richard Koblentz

is an attorney with Koblentz, Penvose & Froning, LLC. He devotes the greatest portion of his practice to the area of professional responsibility, including legal ethics, attorney discipline, bar admission representation, representation in the areas of attorney conflicts of interest, disqualification of counsel, law firm formations and dissolutions, legal malpractice representation as both plaintiff and defense counsel, and service as an expert witness. Mr. Koblentz also practices in the areas of complex and general civil litigation, criminal defense, probate, real estate, small business counseling, and domestic relations. He has served as president of the Cleveland-Marshall Law Alumni Association, is an officer of the Cuyahoga County Bar Association, and is a member of the Council of Visitors at California Western School of Law in San Diego, California. He earned his B.S. degree from The Ohio State University and his J.D. degree from Cleveland-Marshall College of Law.

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Speaker bio
Ethan A Welch

Ethan A. Welch

Hickman Lowder Lidrbauch & Welch Co., L.P.A.
Ethan Welch

is an attorney with Hickman Lowder Lidrbauch & Welch Co., L.P.A., where he practices in the areas of elder law, special needs planning, estate planning, Medicaid planning, guardianship, and probate. Mr. Welch graduated magna cum laude from Bowling Green State University and earned his J.D. degree from Ohio Northern University. He is a member of The National Academy of Elder Law Attorneys (NAELA), Ohio State Bar Association and the Cleveland Metropolitan Bar Association.

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