Agenda / Content Covered

All times are shown in Eastern time.

1. Applying for Medicaid - The Four Eligibility Requirements
   9:00 - 10:00, Fred J. Forman
   1. Medical Eligibility: The Needs Assessment
   2. Resource Eligibility: Exempt vs. Countable Assets
   3. Income Eligibility
   4. Transfer Eligibility
      1. The Lookback Periods
      2. Transfers and Penalty Periods
         1. Transfer Penalty
         2. Penalty Beginning Date
         3. Partial Months of Ineligibility
         4. Monthly Maintenance Need Allowance (MMMNA) for the Community Spouse
         5. Annuity Transfer Rules and Tactics
   5. Estate Recovery Rules
   6. Current Medicaid Planning Programs and Rules
2. Pre-Need Asset Planning
   10:15 - 11:15, Faith E. Delaney
   1. Medicaid Planning for Single vs. Married Applicants
   2. Transferring Real Property without Jeopardizing Medicaid Eligibility
      1. When Does the Home Become a Countable Asset?
      2. How is "Intent to Return Home" Interpreted?
      3. Titling of the Home and Basic Homestead Issues in a Medicaid Planning Context
   3. Life Estates
   4. Asset Valuation - Fair Market Value under DRA
   5. Using Life Insurance to Spend Down
   6. Interstate Transfers
   7. Protecting Veterans Benefits
   8. The Gifting Powers in Powers of Attorney
3. Crisis Planning and Assistance
   11:15 - 12:15, Faith E. Delaney
   1. Asset Purchase Strategies Available
      1. Purchases
      2. Payments
   2. Asset Transfer Strategies Available
      1. How to Transfer Residence to Caregiver Child
      2. How to Transfer Residence to Sibling with Equity Interest Who's Resided There for at Least One Year
      3. How to Transfer Residence Subject to Life Estate
      4. How to Transfer Residence Subject to Occupancy Agreement
      5. Caregiver Agreement Between Parent and Child
   3. Contesting/Appealing the Penalty Period Dates and Other Adverse Medicaid Decisions
4. Trust-Based Medicaid Planning in Detail
   1:15 - 2:15, Fred J. Forman
   1. Choosing the Assets for Funding the Trusts
   2. Key Provisions and Sample Trust Language
   3. Self-Settled Trusts and Their Impact on Eligibility
   4. Using Income-Only Trusts
      1. Purpose of Using IOTs
      2. Principal Distribution Provision
      3. Taxation of IOTs
         1. Income Taxation and Tax Reporting
         2. Gift Tax and Reporting
5. Using Special Needs Trusts - Sample Trust Review
   2:30 - 3:30, Faith E. Delaney
   1. When Can SNTs be Used?
   2. Drafting an SNT - Common Mistakes to Avoid
   3. Documenting the Assets Transfer into the Trust
   4. Choosing a Suitable Trustee
   5. Sample Special Needs Trust Document Review
6. Applied Legal Ethics
   3:30 - 4:30, Fred J. Forman
   1. Avoiding Conflicts of Interest (Who is Your Client?)
   2. Dealing with Clients' Diminishing Mental Capacity
   3. Spotting and Preventing Elder Abuse
   4. Appropriate Client Communications
   5. Navigating through Family Conflict
   6. Setting and Collecting Attorney Fees

Accreditation Details:

FAITH E. DELANEY opened her estate planning and elder law practice in 2004, after having worked in other estate planning firms. She is a member of the National Academy of Elder Law Attorneys (Massachusetts and New Hampshire chapters), the Massachusetts Bar Association, Merrimack Valley Estate Planning Council, the New Hampshire Bar Association, and the Elder Services of the Merrimack Valley Advisory Board. Ms. Delaney received her J.D. degree from Northeastern University School of Law.

FRED J. FORMAN is a founding shareholder and director of Forman, Pockell & Associates, 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 Bar; 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 planing; and has testified as an expert witness on matters in these areas of law.