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Tackling the Toughest Problems in Funding LTC and Combating Elder Abuse

Elder law is a rapidly evolving practice area, hurtling new regulatory and practical challenges at attorneys at a neck-breaking pace. Go beyond simple gifting techniques to trouble-shoot your clients' long-term care problems. Learn what asset transfer methods cause problems down the line and how to prevent and fix them. Ensure clients' Medicaid eligibility even under the toughest and most urgent of circumstances. Get practical guidance for litigating financial and other types of elder abuse. Enhance your practice - register today!

  • Get the latest updates on legislative and regulatory developments affecting today's elder law practice.
  • Find new avenues of long-term care funding that doesn't break your clients financially.
  • Tackle the toughest lookback challenges to help your clients protect Medicaid eligibility and restore benefits.
  • Protect your elderly clients from abusive investment schemes and mistreatment by caregivers.
  • Identify common causes of action against assisted living facilities and learn how to effectively pursue such cases.
  • Protect your professional reputation with a guide to real-life ethical dilemmas.

All times shown in Eastern.

  1. Long-Term Care Planning Challenges and Concerns
    11:00 - 12:00, Thomas J. Murphy
    1. Healthcare Reform Update
    2. Medicaid
    3. Medicare
    4. Medicare Advantage Plans
    5. Veterans' and Military Benefits
    6. Private Pay
  2. Medicaid Planning: Asset Transfer Problems and Solutions
    12:15 - 1:00, Thomas J. Murphy
    1. Risks of Gifting in Medicaid Planning
    2. Prohibited Asset Transfers
    3. VA Implications
    4. Frequently Overlooked Exceptions to Countable Income
    5. Annuities and Promissory Notes in Medicaid Eligibility
    6. Tax Consequences of Medicaid Planning Techniques
  3. Medicaid Crisis Planning and Benefits Restoration
    1:00 - 1:45, Thomas J. Murphy
    1. Troubleshooting the 3-Year and 5-Year Look-Back Periods
    2. Using The Pickle Amendment to Obtain Medicaid Eligibility for Beneficiaries
    3. Appealing Refusal of Benefits
    4. Alternatives to Medicaid
  4. Abuse by Relatives, Caregivers, Powers of Attorney/Guardians, or Trusted Others
    2:15 - 3:15, KC Knox
    1. Common Perpetrators
    2. Top Liability Claims
    3. Causes of Action
    4. Investigation Tips
    5. Adult Protective Service (APS) Investigations
    6. Suing a Family Member, Caretaker, Power of Attorney or Trusted Other
  5. Abuse, Neglect, Exploitation at the Nursing Home
    3:15 - 4:00, Wallace R. Nichols
    1. Common Perpetrators
    2. Top Liability Claims
    3. Causes of Action
    4. Investigation and Collection Tips: Obtaining Records, Time Constraints, Facts and Data
    5. Arbitration Agreements and Procedure
    6. Ombudsman Investigations
    7. Effective Use of Experts and Witnesses
    8. Settlement and Negotiation Strategies
    9. Suing a Nursing Home or Assisted Living Facility: Vital Trial Tactics
  6. Abusive Insurance and Investment Sales
    4:15 - 5:00, Wallace R. Nichols
    1. Common Perpetrators and Red Flags to Look for
    2. How to Report Suspected Abuse
    3. The Criminal Consequences of Abuse
    4. Different Types of Private Long-Term Care Plans and Issues
    5. Aggressive Advertising of Private Medicare Advantage Plans
    6. The Misuse of Senior Designations (Ex. "Retirement Specialist")
    7. Investment Sales Schemes
  7. Legal Ethics Dilemmas in Elder Law Practice
    5:00 - 6:00, KC Knox
    1. Rules of Professional Conduct as They Apply to Elder Law
    2. Determining Clients Mental Capacity and Representing Incompetent Clients
    3. Equitable Attorney Fees Determination
    4. Attorneys Acting as Fiduciaries

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