The cost of long-term care can consume a person's assets if a carefully drafted estate plan is not in place. Order today to learn the skills you need to create an estate plan that meets your clients' needs.

1. What to Do When a Spouse is Confronting Health Issues - The Estate Plan
2. How to Protect an Elderly Client's Assets
3. Ethical Considerations When Representing the Elderly Client
4. Qualifying for Medi-Cal Long-Term Care Programs
5. Preserving Family Assets When Qualifying for Medicaid

1. WHAT TO DO WHEN A SPOUSE IS CONFRONTING HEALTH ISSUES – THE ESTATE PLAN
   9:00 - 10:15, J. Terrence Moynihan
   1. Client Interview
   2. How to Draft the Plan
   3. Asset Titling – Deed, Bank Accounts, and Life Insurance
   4. Changing the Will to Exclude the Disabled Spouse
   5. Durable Power of Attorney – Gift Giving Power
   6. Advanced Directives
   7. Sample Forms and Letters
2. HOW TO PROTECT AN ELDERLY CLIENT'S ASSETS
   10:30 - 11:45, J. Terrence Moynihan
   1. Drafting the Irrevocable Trust
   2. Impact of Medi-Cal Issues in Drafting Trusts
   3. Transfer of Residence/Lifetime Right to Occupancy
   4. Using Annuities, Life Insurance and Retirement Accounts in the Estate Plan
   5. The DRA Comes to California - Asset Protection Changes
   6. Income Tax Traps With Gifts
   7. Avoiding the Pitfalls of Conservatorship Proceedings
3. ETHICAL CONSIDERATIONS WHEN REPRESENTING THE ELDERLY CLIENT
   12:45 - 1:45, J. Terrence Moynihan
   1. Acting Within the Lawyer's Expertise
   2. Avoiding Conflict Between Spouses' Interests
   3. Competency of the Client
   4. Maintaining Due Diligence in Completing Paperwork When Representing the Elderly or Ill Client
4. QUALIFYING FOR MEDI-CAL LONG-TERM CARE PROGRAMS
   1:45 - 3:15, D. Hershel Wilson
   1. Where Medicare Stops and Medicaid Begins
   2. Overview of the State Medicaid Programs
   3. Categorically vs. Medically Needy
   4. Medical Criteria – Level of Care Required to Become Eligible
   5. Assessing a Client's “Medical Need” and Level of Care for Medicaid Qualification Purposes
   6. Medicaid Planning Techniques
   7. Financial Criteria for Single and Married Applicants
   8. Exemptions for Protecting the Family Home
   9. Qualified Medicare Beneficiaries
5. PRESERVING FAMILY ASSETS WHEN QUALIFYING FOR MEDICAID
   3:30 - 4:30, D. Hershel Wilson
   1. Most Common Medicaid Misconceptions
   2. Implications of Gifts During the Look Back Period
   3. Options for “Spenddown” of Excess Property – Unique Problems Associated With Disposal of Excess Assets
   4. Myths About the "Spenddown" Requirement
   5. Protecting Assets for a Disabled Child
   6. Retroactive Benefits
   7. Estate Recovery

J. TERRENCE MOYNIHAN practices with attorney Maureen A. Lyons, in Riverside, California, where their practice encompasses estate planning, trust and probate, with a special emphasis on life care planning for disabled adults. Mr. Moynihan is certified by the State Bar of California Board of Legal Specialization as a specialist in estate planning, trust, and probate law. He is a member of the Estate Planning Council of Riverside County, the Trusts and Estates Section of the State Bar of California, WealthCounsel, LLC, WealthCounsel Advisors Forum, ElderCounsel and the National Academy of Elder Law Attorneys. Mr. Moynihan earned his B.A. degree from the University of Washington, and his J.D. degree from Gonzaga University School of Law.

D. HERSHEL WILSON, sole practitioner of the law firm of McClellan & Wilson, located in Banning, California, practices in the areas of estate planning, elder law and probate. He is a certified specialist in estate planning and probate law by the Board of Legal Specialization, State Board of California. Mr. Wilson also is a certified elder law attorney by the National Academy of Elder Law Attorneys. He is a former law school instructor in wills and trusts at the California Southern School of Law. Mr. Wilson gives his own seminars every year on elder rights and Medi-Cal issues and is a frequent speaker in various settings on the affairs of the elderly. He lectures on probate, living trusts, durable powers of attorney, asset preservation (when incapacity results in nursing home placement) and sophisticated estate planning. Mr. Wilson earned his B.A. degree from Harding University, his M.A. degree from Harding Graduate School of Religion, his M.S. degree from the University of Central Arkansas and his J.D. degree from Western State University. He is a member of The Riverside County Bar Association and the San Bernardino County Bar Association.

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