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. Insurance to Fund All or Part of Long-Term Care Costs
4. Ethical Considerations When Representing the Elderly Client
5. Qualifying for Medicaid Long-Term Care Programs
6. Preserving Family Assets When Qualifying for Medicaid

1. WHAT TO DO WHEN A SPOUSE IS CONFRONTING HEALTH ISSUES – THE ESTATE PLAN
   9:00 - 9:45, Michael T. Brockbank
   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
   9:45 - 10:45, William D. Pfeiffer
   1. Drafting the Irrevocable Trust
   2. Impact of Medicaid Issues in Drafting Trusts
   3. Life Estate Deed With/Without Powers of Sale
   4. Using Annuities, Life Insurance and Retirement Accounts in the Estate Plan
   5. Revocable vs. Irrevocable Life Estates – Current Gifting Guidelines
   6. Income Tax Traps With Gifts
   7. Avoiding the Pitfalls of Guardianships
3. INSURANCE TO FUND ALL OR PART OF LONG-TERM CARE COSTS
   11:00 - 12:00, Tara A. Pleat
   1. What is Long-Term Care?
   2. Costs of Care and Funding Sources
   3. Understanding Long-Term Care Insurance Benefits
4. ETHICAL CONSIDERATIONS WHEN REPRESENTING THE ELDERLY CLIENT
   1:00 - 2:00, Tara A. Pleat
   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
5. QUALIFYING FOR MEDICAID LONG-TERM CARE PROGRAMS
   2:00 - 3:15, Tara A. Pleat
   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
6. PRESERVING FAMILY ASSETS WHEN QUALIFYING FOR MEDICAID
   3:30 - 4:30, William D. Pfeiffer
   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

MICHAEL T. BROCKBANK is a sole practitioner in Schenectady, New York, where his practice is concentrated in the areas of wills, trusts and estates. He is the former chief clerk of Schenectady County Surrogate's Court, and former president of the NYS Surrogate Court Chief Clerk's Association. Mr. Brockbank is a former adjunct professor at the State University of New York - Albany. He earned his B.A. degree from Cornell University and his J.D. degree from the Albany Law School of Union University. Mr. Brockbank is a member of the New York State and Schenectady County bar associations.

WILLIAM D. PFEIFFER is an attorney at Girvin & Ferlazzo, PC, where his practice areas include elder law, tax and estate planning and administration. Mr. Pfeiffer has extensive experience working with individuals to develop and execute comprehensive wealth transfer programs. He is a member of the National Academy of Elder Law Attorneys and the Estate Planning Council of Eastern New York. Mr. Pfeiffer earned his undergraduate degree from Georgetown University and his law degree from Albany Law School. He is a member of the Elder and the Trust and Estate Sections of the New York State Bar Association, and was recently appointed to the Executive Committee of the Elder Law Section.

TARA A. PLEAT is a co-owner and co-manager of the law firm of Wilcenski & Pleat PLLC. Ms. Pleat practices in the areas of trust and estate administration, special needs estates planning, trust, estate and tax planning for residents of New York and Florida and long term care planning and elder law. She is a cum laude graduate of Albany Law School, with honors in the estate planning concentration. Ms. Pleat earned her undergraduate degree from the State University of New York at Albany. During law school, she worked full-time as a trusts and estates paralegal in an Albany law firm. Ms. Pleat is an active member of the Special Needs Planning Committee of the Elder Law Section of the New York State Bar Association and a member of the Taxation Committee of the Trusts and Estates Section. In addition, she recently was admitted as a member of the Special Needs Alliance, an invitation only, national network of leading disability attorneys who practice in the areas of special needs trusts and public benefits. Ms. Pleat frequently speaks on estate planning and administration, special needs planning and related disability issues for state and local bar associations, community organizations and parent groups. She also speaks annually at Senior Citizens Law Day sponsored by Albany Law School.

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