Many people create estate plans that protect their assets from probate or taxation, but what they often don't realize is that this may conflict with their future eligibility for medical assistance. How will this complicated situation impact the estate planning recommendations you give your clients? Get the information you need to steer your clients in the right direction. Order today!

1. Addressing the Conflicting Interests Between Tax and Medicaid Planning
2. Estate Recovery of Medicaid Benefits
3. Medicaid Fair Hearings and Administrative Appeals

1. ADDRESSING THE CONFLICTING INTERESTS BETWEEN TAX AND MEDICAID PLANNING
   8:45 - 9:45 and 1:00 - 2:00, Sarah L. Clingman
   1. Conversion of Non-Exempt Assets
   2. Asset Transfers or Transactions
      1. Gifting
      2. Trusts and Medicaid Eligibility
      3. Exempt Transfers
      4. Restrictions on Transferring Assets - The Look Back Period
   3. Treatment of IRAs and Qualified Plans
   4. Deterrents to Aggressive Medicaid Planning
      1. Allocation of Penalty Period Between Institutionalized Spouses
      2. Criminal Penalties
2. ESTATE RECOVERY OF MEDICAID BENEFITS
   9:45 - 10:15, 10:30 - 11:00 and 2:00 - 2:30, 2:45 - 3:15, Sarah L. Clingman
   1. Federal and State Statutes Governing Estate Recovery
   2. Existing Case Law
   3. Right of Recovery Against the Estates
      1. Nursing Home and Community-Based Medical Assistance
      2. Wrongful Payment of Medicaid Benefits
   4. Applicable Estates and Assets
   5. Administration of Medicaid Recoveries
      1. How Claims Are Filed
      2. Notice Requirements
      3. Court Procedures
   6. When is Estate Recovery Waived?
   7. Petition for Claim Allowance
3. MEDICAID FAIR HEARINGS AND ADMINISTRATIVE APPEALS
   11:00 - 12:00 and 3:15 - 4:15, Sarah L. Clingman
   1. Hearing Procedures
   2. Handling a Medicaid Fair Hearing
      1. Continuation of Benefits Pending Hearing
      2. Preparing for the Hearing
      3. How to be a Strong Advocate
   3. Judicial Review in Circuit Court
   4. Other Ways to Resolve Medicaid Problems

SARAH L. CLINGMAN focuses her practice exclusively in the areas of elder law, estate planning, including trust and special needs planning, probate and fiduciary representation, real estate and corporate law. Ms. Clingman has been a member of the National Academy of Elder Law Attorneys (NAELA) since 1992 and currently serves on the Board of Directors of the SC NAELA Chapter. She is also a member of the Elder Law Committee and the Probate, Estate and Trust Section of the South Carolina Bar. Ms. Clingman is admitted to practice in the Supreme Court of South Carolina, the Court of Appeals of Maryland, the United States Federal Districts Courts for the Districts of South Carolina and Maryland, the United States Federal Court of Appeals for the 4th Circuit and the United States Supreme Court. She is also a member of the American, Richland and Lexington County Bar Associations, the South Carolina Women Lawyers Association and the Maryland State Bar Association. She is also a Certified Elder Law Attorney (CELA), as certified by the National Elder Law Foundation, the only certification in disability and special needs planning recognized by the South Carolina Supreme Court. She is also a Certified Circuit Court Mediator. Ms. Clingman is an active volunteer for the SC Bar Pro Bono program and serves as counsel to several non-profit organizations serving the elderly and disabled. Ms. Clingman previously served on the Board of Directors of the Alzheimer's Association, Palmetto Chapter and the Citizens Advisory Boards of the C.M. Tucker Center. She currently serves on the Advisory Board to the Rice Home and the Board of the SC Mayflower Society.

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