Gifting and Tax in Medicaid Planning

Agenda / Content Covered

1. Medicaid Eligibility Update
   10:00 - 10:45, Dawn Myszka Esq.
   1. Covered Category and Medical Need
   2. Income Eligibility
   3. Resource Eligibility: Long-Term Nursing Care Benefits
   4. Lookback Eligibility: Determining the Lookback Date and Calculating the Penalty Period
   5. Real-World Examples
2. Gifting Techniques and Case Scenarios
   10:45 - 11:30, Dawn Myszka Esq.
   1. Definition of Gift and Limitations on Gifting
   2. Top Gifting Methods and Gift Recipients
   3. Applying the Half-a-Loaf, Reverse Half-a-Loaf in Real Life: What Works?
   4. Recording the Gifts
   5. IRAs and Qualified Retirement Accounts
3. Common Gifting Mistakes: Curing Prior Gifts, Practical Guidance and Real-World Examples
   11:45 - 12:30, Avery J. Mayne
4. The Use of Trusts
   1:00 - 1:45, Jean Harris
   1. Medicaid Qualifying Trusts
   2. Self-Settled Trusts
   3. Exempt Trusts - SNTs, QITs, etc.
5. Tax Reporting of Gifts, When to File Form 706
   1:45 - 2:15, Brianna Keller
6. Tax Planning Strategies
   2:15 - 3:00, Brianna Keller
   1. Gift Tax Panning
   2. Capital Gains Tax Planning
   3. IDGTs
   4. Income Tax Planning
7. The Use of Annuities
   3:15 - 4:00, Fred J. Forman
8. Legal Ethics in Medicaid Planning
   4:00 - 5:00, Fred J. Forman
   1. Engagement Agreements and Scope of Representation
   2. Client Capacity
   3. Joint Representation
   4. Guarding Confidentiality

Accreditation Details:

Fred J. Forman is a founding shareholder and director of Forman Law Group, P.A., with offices in New Hampshire, Maine and Massachusetts. Having drafted thousands of trusts and estate, and asset protection plans from basic to extremely complex, he is considered one of New England's most experienced estate planning, asset protection, and elder law attorneys. Mr. Forman drafted some of the first self-settled asset protection trusts in New Hampshire. He has authored a host of published articles and has co-authored numerous books on estate, asset protection, and elder law planning used as reference material for lawyers, accountants, enrolled agents, and financial advisors. Mr. Forman has repeatedly been a guest lecturer at the New Hampshire and Maine bars and at the New Hampshire, Massachusetts and Maine societies of Certified Public Accountants and Enrolled Agents and at The New Hampshire Municipal Association. He also advises cities and towns on the real estate tax implications of various estate planning devices. Mr. Forman has also been engaged as an expert witness on estate, asset protection and elder law planning; and has testified as an expert witness on matters in these areas of law.

Brianna Keller is an attorney with Rhoades McKee. Ms. Keller is an estate planning and probate litigation attorney. She prepares wills, navigates tax issues, establishes guardianships and conservatorship, and implements powers of attorney. Ms. Keller earned her B.A. degree, cum laude, from Loyola University Chicago; and her J.D. degree, cum laude, from Michigan State University College of Law.

Avery J. Mayne is an attorney with Walny Legal Group LLC, where she concentrates her practice on family law, elder law, and estate planning; and works with clients to resolve a variety of legal concerns pertaining to divorce, adult guardianships, and special needs planning. She also focuses on public benefit planning, including Medicaid (Title XIX) asset planning and planning for individuals with long-term care needs. Ms. Mayne is a certified mediator and a certified adult guardian ad litem. She is a member of the Association for Women Lawyers, the Collaborative Family Law Council of Wisconsin, and she sits as the co-chair of the Milwaukee Bar Association’s Alternative Dispute Resolution Section. Ms. Mayne earned her B.A. degree, with honors, from the University of Missouri; and her J.D. degree from Marquette University Law School, along with a certificate in alternative dispute resolution.

Dawn Myszka Esq. has over 25 years experience as an elder law attorney. She is a 1995 graduate of the Thomas M. Cooley Law School in Lansing, Michigan. She earned her B.S. Degree in Criminal Justice from Buffalo State College in 1988. As a former staff attorney at Neighborhood Legal Services in Buffalo, Ms. Myszka helped establish the first Medical-Legal Partnership at Roswell Park Cancer Institute where she helped cancer patients put together their estate plans and assisted in other legal matters. She is a frequent speaker at senior centers on topics such as Medicaid, wills and trusts. Ms. Myszka is a long-time member of the NYS Bar Association Elder Law & Special Needs Section, the Trusts and Estates Law Section and the Health Law Section. She is also a member of the Erie County Bar Association Elder Law and Surrogate Court Committees. Ms. Myszka is a proud member of the Professional and Business Women of Polonia (PBW) where she serves on the board as the historian.