Give Your Elderly Clients Sound Legal Advice
Planning for long-term care is rapidly becoming the single largest expense elderly clients can expect. In this engaging legal course, experienced attorney faculty will evaluate various LTC funding options and help you navigate Medicaid eligibility planning as well as family caregiver agreements. Enhance your elder law expertise - register today!
- Keep up to date with the latest options for long-term care funding - and help your client live a fulfilling life.
- Use gifting effectively to plan for Medicaid well ahead of time.
- Stay on the cutting edge of the law - learn how the Affordable Care Act and other legislative changes affect your practice.
- Maximize your clients' use of excluded assets in planning for Medicaid.
- Learn how to draft enforceable caregiver contracts.
- Prevent transferee misconduct and other care plan implementation problems.
- Explore effective ways of protecting your client's home.
- Get a practical legal ethics compliance guide focused specifically on elder law practice challenges.
- FUNDING SOURCES FOR LONG-TERM CARE
9:00 - 10:00, W. Parish Lentz
- Overview of Long Term Care
- Private Pay/Self-Funding
- Long-Term Care Insurance: What Can Be Covered
- Very Narrow Use of Medicare and ACA's "Nursing Home Compare" Initiative
- Reverse Mortgages: The Myths and Truth
- Planning in Advance for Unexpected Long-Term Care
- Outright Gifts and Their Unintended Consequences
- Unexpected Death of Gift Recipient(s) before the Grantor
- Income Taxation
- Transfers to Irrevocable Trusts
- Life Estates and the Future of Ladybird Deeds
- POTENTIAL PROBLEMS IN PLAN IMPLEMENTATION
10:00 - 11:00, Eric D. Correira
- Potential Problems
- Medicaid Appeals
- Medicaid Litigation
- MEDICAID QUALIFYING ASSET TRANSFERS
11:15 - 12:15, Eric D. Correira
- DRA and Look-Back Period
- Calculating the Penalty Period
- Specifically Exempt Transfers
- Purchasing "Excluded" Types of Assets
- Treatment of IRAs and Retirement Accounts
- Planning with Promissory Notes and Annuities
- The Reverse Half-Loaf Income Technique
- What Counts as "Income-Producing Property"
- Joint Tenancy and Life Estates
- Irrevocable Trusts
- Liens and Estate Recovery Considerations
- Unique Planning Challenges for Single Clients
- CAREGIVER AGREEMENTS AND ELDER CARE MEDIATION
1:15 - 2:15, W. Parish Lentz
- Drafting Medicaid Compliant Caregiver Agreements
- Resolving Specific Issues
- Housing and Living Arrangements
- Who the Caregivers Should Be and Caregiver Duties
- Personal Care, Social Needs, Transportation
- Medical Care and Medical Decision Making
- Financial Management
- Balancing Roles of Family Members
- When is Elder Care Mediation Appropriate?
- Guardianship Proceedings in the Probate Court
- MEDICAID ELIGIBILITY: GENERAL RULES
2:30 - 3:30, Matthew J. Leonard
- Does Your Client Need Medicaid?
- Out-of-State Coverage
- Basic Medicaid Eligibility Criteria
- Expanded Eligibility in the Opt-In States under the ACA
- Exempt vs. Countable Assets
- Estate Recovery and Undue Hardship Waivers
- Methods of Calculation and Allocation of Income and Resources
- LEGAL ETHICS IN THE ELDER LAW PRACTICE
3:30 - 4:30, Matthew J. Leonard
- Client Identification
- Conflicts of Interest: Representing Husband and Wife
- Confidentiality: Dealing with Clients' Family Members
- Attorneys Acting as Guardians
- Why Medicaid Planning is Ethical
- Preventing Malpractice in Simple Everyday Steps
- Reporting Elder Abuse
This basic-to-intermediate level course is designed for elder law and estate planning attorneys. It will also benefit nursing home administrators, financial planners, trust officers, accountants, social workers, geriatric care managers, and other professionals working with elder clients on planning issues.