Make Certain Your Clients' Long Term Care Needs Are Met
Skyrocketing health and long-term care costs are putting added pressure on your aging clients to find a way to afford assisted care. This focused legal guide is dedicated to helping you offer the most current and effective Medicaid planning. Get detailed instruction on eligibility criteria, with special focus on excluded assets, qualifying transfer techniques, and estate recovery rules. Order today!
- Determine which assets are countable and how they can be converted.
- Learn what the income eligibility requirements are.
- Establish exactly what limitations are placed on asset transfers.
- Protect your clients' interests by knowing what's exempt and what's not.
- Deepen your knowledge of transfer penalty provisions.
- Make better use of waivers and estate recovery exemptions.
Presenter: Brent L. Van Deysen in Morgantown and Charleston
- IS NURSING FACILITY MEDICAID RIGHT FOR YOUR CLIENT?
9:00 - 10:00
- Is Medicaid the Right Solution for the Client?
- Citizenship and Residency
- Four Basic Eligibility Criteria in a Nutshell
- Client and Agency Responsibilities (Reporting Changes of Assets & Income)
- Out-of-State Coverage
- Medicaid Coverage vs. Private Alternatives
- Application for Other Benefits
- Medicaid Programs and Rules Update
- EXCLUDED VS. COUNTABLE ASSETS
10:15 - 11:15
- Community Spouse Resource Allowance and CSRA Appeal
- Assets Without Saleable Value
- Insurance and Other Assets Being Converted
- When are Bank Accounts Excluded?
- Creating Burial Contracts/Funeral Trusts
- Disaster Relief Act and Other Excluded Government Payment Programs (Reparation Payments, Alaskan Native Claims, Nazi Persecution Payments, etc.)
- Earned Income Tax Credit
- Garden/Wood Plots and Other Property Used for Home Consumption
- Household Goods
- Property Used in On-Going Trade or Business
- Insurance Settlements
- Life Estates and Their Impact on Estate Planning
- When Life Insurance Becomes Countable
- Stocks, Bonds, and Mutual Fund Shares
- Valuation of Assets for Eligibility Purposes
- QUALIFYING ASSET TRANSFERS: WHICH TECHNIQUES WORK
11:15 - 12:15
- Timing of the Transfers
- DRA and Look-Back Period
- Transfer Penalty
- Penalty Beginning Date
- Partial Months of Ineligibility
- What Counts as a Gift for Purposes of Medicaid Planning?
- Repayment of Debts and Prepayment of Expenses: Creative Uses
- Purchase of Exempt Assets
- Planning with Annuities for Married Couples
- Transfer on Death Deeds
- Using a Pooled Special Needs Trust & Last-Minute Gifting
- Other Exempt Transfers
- MEDICAID PLANNING FOR PROTECTED PERSONS
1:15 - 2:15
- Court Guardianship & Conservatorship Basics
- Use of Petition for Estate Planning to Obtain Court Sanctioned Medicaid Planning
- What is a Petition for Estate Planning (W.Va. Code Sec. 44A-3-7)
- Transferring the Protected Person's Assets to a Spouse to Obtain Medicaid Eligibility
- Creating a Transfer on Death Deed to Avoid a Medicaid Estate Recovery Lien
- Creating a Pool Special Needs Trust to Preserve Funds for the Protected Person
- When Not to Waste the Court's Time with Improper Medicaid Planning Requests
- LEGAL ETHICS
2:15 - 3:15
- Conflicts of Interest When Representing Both Spouses
- Protecting Confidentiality
- Attorney Fees
- Mental Capacity in Elder Law
- Practical Scenarios - What Would You Do?
- LIENS, ESTATE RECOVERY AND HARDSHIP WAIVERS
3:30 - 4:30
- Estate Recovery Rules
- Hardship Waivers
- Estate Recovery Exemption with Qualified Long-Term Care Insurance Policy
- Claim Reduction
This intermediate level program addresses key questions involved in elder planning and is designed for attorneys. It will also benefit accountants, estate and financial planners, life care planners, and paralegals.