Elder Law

NC Specific

4.7

Protecting Assets While Qualifying for Medicaid in North Carolina

Credits Available
Credit Status Total
North Carolina CLE Approved 6 Total
South Carolina CLE Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
OnDemand
5 hours 58 minutes
Robyn Hicks-Guinn
Kathleen Rodberg
Andrew Atherton
Phoebe Bulls
Scott Tippett
Jennifer Bogacki
With Robyn Hicks-Guinn from Hicks-Guinn Law + 5 others
Recorded January 22, 2025
Product ID 99621

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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. Crisis Planning and Assistance
  5. Using Special Needs Trusts - Sample Trust Review
  6. Applied Legal Ethics
Product ID 99621

Credit Details

Credits Available
Credit Status Total
North Carolina CLE Approved 6 Total
South Carolina CLE Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
Select Jurisdiction
CLE
Paralegal

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. 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
  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

Robyn Hicks-Guinn
Robyn
Hicks-Guinn
Hicks-Guinn Law
Kathleen R Rodberg
Kathleen R.
Rodberg
McGuire, Wood & Bissette, P.A.
Andrew D Atherton
Andrew D.
Atherton
McGuire, Wood & Bissette, P.A.
Phoebe E Bulls
Phoebe E.
Bulls
McGuire, Wood & Bissette, P.A.
Scott K Tippett
Scott K.
Tippett
Offit Kurman, Attorneys At Law
Jennifer L Bogacki
Jennifer L.
Bogacki
The Vernon Law Firm, P.A.
Speaker bio
Robyn Hicks-Guinn

Robyn Hicks-Guinn

Hicks-Guinn Law
Robyn Hicks-Guinn

is the managing attorney at Hicks-Guinn Law, PLLC in Charlotte, North Carolina. She assists individuals and small business owners, and enjoys counseling families and individuals in estate planning, estate administration, business succession planning and real estate matters. Ms. Hicks-Guinn also advises businesses as general corporate counsel, and advocates for victims in personal injury and workers' compensation cases. She serves on numerous committees with the Mecklenburg County Bar Association; has been appointed to the General Contracting and Licensing Board for the State of North Carolina; and served on the City of Raleigh Human Relations Commission, as well as several civic and philanthropic organizations across the state. Ms. Hicks-Guinn earned her B.S. degree from the University of North Carolina at Chapel Hill and her J.D. degree from North Carolina Central University School of Law. She is admitted to practice in North Carolina and before the U.S. District Court for the Western District.

Speaker bio
Kathleen R Rodberg

Kathleen R. Rodberg

McGuire, Wood & Bissette, P.A.
Kathleen Rodberg

is a North Carolina State Bar board-certified specialist in elder law. From traditional estate planning and administration to the unique and challenging issues facing the elderly and those with disabilities, she works to support the family as they address current concerns and plan for the future. The often complex situations of elderly or disabled clients require detailed planning and a specific knowledge base in the area of elder law. Ms. Rodberg regularly helps clients establish and administer guardianship and special needs trusts, develop comprehensive Medicaid and long-term care plans, and prepare traditional estate planning documents. In addition, she frequently gives presentations on topics like recent developments in elder law, special needs trust taxation, and probate matters.

Speaker bio
Andrew D Atherton

Andrew D. Atherton

McGuire, Wood & Bissette, P.A.
Andrew Atherton

practices elder and special needs law with McGuire, Wood & Bissette, P.A., where his practice focuses on developing and implementing comprehensive personal estate plans, assisting clients in navigating the estate administration and probate process, advising clients on how to deal with the costs of long-term care, Veterans Administration benefits, Medicare, Medicaid, guardianship, and special needs trusts. Mr. Atherton completed a clerkship with the Kentucky Supreme Court. He earned his undergraduate degree in business economics from Western Kentucky University and law degree from the Salmon P. Chase College of Law at Northern Kentucky University. He is licensed to practice law in Kentucky and North Carolina. Mr. Atherton is the immediate past chair of the North Carolina Bar Association, Elder and Special Needs Law Section; a member of the Community Foundation of Western North Carolina's Professional Advisory Committee; Land of Sky Estate Planning Council; 28th Judicial District Bar; Kentucky Bar Association, North Carolina State Bar, Estate Planning & Fiduciary Section; and the National Academy of Elder Law Attorneys (NAELA). Mr. Atherton has been an instructor for National Business Institute, North Carolina Bar Association, UNC Asheville Osher Lifelong Learning Institute, and North Carolina NAELA on special needs trusts, trusts, powers of attorney, guardianship and Medicaid.

Speaker bio
Phoebe E Bulls

Phoebe E. Bulls

McGuire, Wood & Bissette, P.A.
Phoebe Bulls

is an attorney with McGuire, Wood & Bissette, P.A. where she focuses her practice on estate planning and benefits planning. She helps clients understand their options and develops comprehensive plans tailored to individual needs. From guiding you through tax implications to helping you navigate long-term care decision, Ms. Bulls provides her clients with compassionate and personalized advice to address their concerns and accomplish their planning goals. She earned her B.A. degree from the University of North Carolina at Chapel Hill and her J.D. degree from the University of North Carolina School of Law. Ms. Bulls is admitted to practice in North Carolina and before the U.S. District Court for the Western District of North Carolina.

Speaker bio
Scott K Tippett

Scott K. Tippett

Offit Kurman, Attorneys At Law
Scott Tippett

is an attorney with Offit Kurman, Attorneys At Law, where he focuses his practice on corporate, business, intellectual property and tax issues for individuals, families and small to mid-sized closely held companies. He is a NCDRC certified mediator- superior court. Mr. Tippett earned his B.A. degree, cum laude, from Duke University; and his J.D. degree from the University of North Carolina at Chapel Hill. He is admitted to practice law in North Carolina and Georgia; and before the U.S. District Court, Middle and Western districts of North Carolina; U.S. Tax Court; U.S. Court of Appeals for the Fourth and Eleventh circuits; and U.S. District Court, Northern District of Georgia.

Speaker bio
Jennifer L Bogacki

Jennifer L. Bogacki

The Vernon Law Firm, P.A.
Jennifer Bogacki

is a partner and attorney at The Vernon Law Firm, P.A. where she maintains a general practice focusing primarily on estate planning and administration, immigration, and employment law. With over 15 years of experience as a lawyer, Ms. Bogacki is known for her compassionate approach to clients and has built a reputation for providing tailored, strategic solutions that ensure her clients' financial and personal goals are met with clarity and precision. She offers practical, clear guidance on how to handle estate matters, from drafting documents to navigating the probate process. Ms. Bogacki holds a Juris Doctor degree from Suffolk University Law School. She is dually licensed in North Carolina and Massachusetts. Ms. Bogacki is dedicated to giving back to her community and has served on several nonprofit boards; and along with her spouse, is a certified foster parent. When not working, she enjoys watching her daughters compete in soccer games, playing with her dogs, and gardening.

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