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 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, Macrina G. Hjerpe
- Private Pay/Self-Funding
- Long-Term Care Insurance: What Can be Covered
- 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
- MEDICAID ELIGIBILITY: GENERAL RULES
10:15 - 11:15, Gene M. Carlino
- Does Your Client Need Medicaid?
- Out-of-State Coverage
- Basic Medicaid Eligibility Criteria
- Expanded Eligibility in the Opt-In States
- Exempt vs. Countable Assets
- Estate Recovery and Undue Hardship Waivers
- Methods of Calculation and Allocation of Income and Resources
- MEDICAID QUALIFYING ASSET TRANSFERS
11:15 - 12:15, Gene M. Carlino
- 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, Patty Allison Fairweather
- Drafting Caregiver Agreements
- When is Elder Care Mediation Appropriate?
- Maintaining Neutrality: Challenges and Effective Approaches
- The Mediation Process
- 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
- The Role of Family Members
- Squelching Conflict
- POTENTIAL PROBLEMS IN PLAN IMPLEMENTATION
2:30 - 3:30, Macrina G. Hjerpe
- Selecting the Right Fiduciaries to Implement the Plan
- Avoiding Problem Transferees
- Litigation Issues
- LEGAL ETHICS IN THE ELDER LAW PRACTICE
3:30 - 4:30, Matthew J. Leonard
- Who is the Client?
- Conflicts of Interest: Representing Husband and Wife
- Retainer Agreement Requirements
- Mental Capacity of the Client
- Case Selection and Client Termination
- Ethics of Medicaid Planning
- Confidentiality: Dealing with Clients' Family Members
- Attorneys Acting as Guardians
- Preventing Malpractice in Simple Everyday Steps
- Reporting Elder Abuse
- Practical Scenarios - What Would You Do?
This intermediate level course is designed for elder law and estate planning attorneys. It will also benefit accountants, nursing home administrators, trust officers, accountants, social workers, geriatric care managers, and other professionals working with elder clients on planning issues.