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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.

  1. Applying for Medicaid - The Four Eligibility Requirements
    9:00 - 10:00, Written and presented by Shannon L. Hammond in Baltimore and Rockville.
    1. Technical Eligibility
    2. Medical Eligibility
    3. Financial Eligibility
      1. Income Eligibility
        1. Available Income
        2. Allowable Deductions
      2. Resource Eligibility
        1. Excluded Resources
        2. Countable Resources
    4. Gifts and Penalties
      1. The Lookback Period
      2. Calculating a Penalty
      3. Penalty Start Date
      4. Transfers Exempt from Penalty
    5. The Application Process
      1. Deadlines and Processing
      2. Application Practice Pointers
    6. Medicaid Liens and Recoveries
      1. Liens Against Real Property
      2. Estate Recovery
      3. Limitations on Liens and Recoveries
  2. Pre-Need Asset Planning
    10:15 - 11:15, Written and presented by Lindsay V.R. Moss in Baltimore and Rockville.
    1. Estate Planning Documents for Long Term Care
      1. Last Will and Testament
      2. Financial Powers of Attorney
        1. The Gifting Powers in Powers of Attorney
    2. Medicaid Planning for Single vs. Married Applicants
    3. Transferring Real Property Without Jeopardizing Medicaid Eligibility
      1. When Does the Home Become a Countable Asset?
      2. How is "Intent to Return Home" Interpreted?
    4. Life Estates
    5. Asset Valuation - Fair Market Value Under DRA
    6. Using Life Insurance to Spend Down
    7. Protecting Veterans Benefits
  3. Crisis Planning and Assistance
    11:15 - 12:15, Written and presented by Lindsay V.R. Moss in Baltimore and Rockville.
    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. Caregiver Agreement Between Parent and Child
    3. Medical Assistance Planning After Admission to a Skilled Nursing Facility
    4. Contesting/Appealing the Penalty Period Dates and Other Adverse Medicaid Decisions
  4. Trust-Based Medicaid Planning in Detail
    1:15 - 2:15, Written and presented by Cheryl A. Jones in Baltimore. Written and presented by Jessica L. Estes in Rockville.
    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
    2:30 - 3:30, Written and presented by Michael P. Donnelly in Baltimore. Written and presented by Michelle Profit in Rockville.
    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
    3:30 - 4:30, Written and presented by Richard Mayberry in Baltimore and Rockville.
    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

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