Help Your Elderly Clients Qualify for Medicaid
Essential knowledge of Medicaid asset planning strategies is a must-have for all professionals who work with aging and disabled clients and their families. This practical course will provide you with the skills you'll need to help clients qualify for Medicaid while protecting their assets and guarding against accidental loss of benefits. Order today!
- Clarify eligibility criteria and dispel common myths about Medicaid planning.
- Learn how to use asset purchases and transfers to qualify ahead of time.
- Get practical tips for crafting legally compliant and effective Medicaid qualifying trusts.
- Determine whether your client needs a special needs trust and how to draft it for greatest impact.
- Come away with real-life emergency planning techniques for when nursing home care is imminent.
This is a rebroadcast of the original webcast delivered by Emma R. Hemness, Thomas J. Murphy and P. Glen Smith on September 6, 2019. Faculty will be available to answer your questions after the program.
10:00 am to 5:00 pm Eastern Standard Time
- Qualifying for Medicaid: Eligibility Criteria
10:00 - 11:00, P. Glen Smith
- Top Misconceptions on What Medicaid and Medicare Cover
- Who Actually Needs Medicaid?
- Quality of Care and Patient Protections Concerns
- Is it Too Late to Plan for Medicaid Once You're in the Nursing Home?
- Medicaid Criteria
- Medical Eligibility
- Resource Eligibility
- Income Eligibility
- The Lookback Rule
- The Gifting Rule
- Transfer Eligibility
- Myths About Medicaid Estate Recovery
- Planning Ahead: Gifts, Exempt Purchases and Asset Transfers
11:15 - 11:45, Emma R. Hemness
- Purchasing Excluded Assets
- Converting to Excluded Assets
- Prepaying for Services, Expenses, Taxes
- What Counts as a Gift for Purposes of Medicaid Planning?
- Qualifying Asset Transfers
- Transferring Real Property Without Jeopardizing Medicaid Eligibility
- Private Annuities and Promissory Notes
- Treatment of IRAs and Retirement Accounts
- Medicaid Qualifying Income Trusts
11:45 - 12:15, Thomas J. Murphy
- When to Use Income-Only Trusts
- Can Self-Settled Trusts Harm Medicaid Eligibility?
- Taxation of Medicaid Qualifying Trusts
- Drafting Key Trust Provisions (With a Review of a Sample Trust)
- Are IOTs Subject to Medicaid Estate Recovery?
- Funding the Trust
- Special Needs Trusts: Protecting Benefits While Providing for Beneficiary Expenses
12:45 - 1:45, P. Glen Smith
- SNTs vs. ABLE Accounts: Estate Recovery and Other Considerations
- First-Party vs. Third-Party SNTs: Which One to Use?
- Which Assets to Use for Funding the Trust
- Choosing the Right Trustee
- Drafting Key SNT Provisions (With Sample Trust Language)
- Ensuring Spousal Protections
1:45 - 2:45, Emma R. Hemness
- Maximizing Monthly Maintenance Need Allowance for Community Spouse
- Community Spouse Resource Allowance and CSRA Appeal
- Using Homestead Exceptions
- Obtaining Hardship Waivers
- Is Divorce a Prudent Option?
- Asset Transfers in Crisis Planning
3:00 - 4:00, Emma R. Hemness
- Using Asset Purchases and Asset Conversions from Countable to Excluded
- Asset Transfers and the Reverse Half-Loaf Method
- Crafting Caregiver Agreements Between Parent and Child
- Residence Transfer Options
- Calculating and Contesting the Penalty Period
- Dealing with Partial Months of Ineligibility
- What to Do with Unexpected Cash Inflows
- Maintaining an Ethical Practice
4:00 - 5:00, Thomas J. Murphy
- Who is the Client?
- Avoiding Conflicts of Interest When Representing Couples
- Setting Reasonable Attorney Fees
- Guarding Confidentiality
- Verifying Client Capacity
- Dealing with Third Parties: Who's Present and Talking in Meetings with Clients?
- Scope of Representation
- Client with a Disability: What are Your Duties?
This program on Medicaid asset planning is for attorneys. It may also be of benefit to accountants and CPAs, nursing home administrators, social workers, geriatric care managers, trust officers, wealth managers and paralegals.