Audio CD + Course Book

Elder Law and Medicaid Planning: Everything You Need to Know

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78246CDRA

Audio + Course Book

Credit Information

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  • Veterans Affairs CLE - 1.00
From Event: Elder Law and Medicaid Planning: Everything You Need to Know, held March 2018.

Program Description

Rising medical costs, health insurance changes, looming Social Security Fund depletion and baby boomers' retirement have intensified concerns over long-term care funding. Are you doing everything you can to help each client develop a comprehensive plan to ensure proper quality of life in the golden years? This intensive study on planning and coordinating government benefits will help you become better prepared to face the challenges of today's Medicaid and elder law practice. Order today!

Course Content

DAY 1

  1. Long-Term Care Planning: Types, Cost, and Funding Options
  2. Tax Considerations
  3. Powers of Attorney
  4. Medical and End-of-Life Decisions
  5. Medicaid Benefits and Eligibility Rules
  6. Preserving Family Assets When Qualifying for Medicaid
  7. Medicaid Application Procedure and Tactics

DAY 2

  1. Obtaining Veteran Benefits
  2. Special Needs Trusts: Creation, Taxation, Administration
  3. New and Future Trends and Challenges
  4. Medicaid Post-Eligibility Issues
  5. Coordinating Benefits and Other Income Sources
  6. Ethical Dilemmas

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 12.00 CT * 03/19/2020
CLE 14.00 NY * 03/19/2020

Veterans Affairs CLE – Veterans Affairs CLE: 1.00 N - Credit Approval Expiration 03/19/2020


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. LONG-TERM CARE PLANNING: TYPES, COST, AND FUNDING OPTIONS
    9:00 - 10:00, Wade D. Jensen
    1. Age, Family Dynamics, and Overall Estate Plan
    2. Levels of Care and Projected Medical Needs
    3. Medicare Advantage Plans and LTC Insurance Policies
    4. LTC-Funding Trusts
    5. Reverse Mortgages and Intrafamily Loans
    6. Planning for Blended Families
  2. TAX CONSIDERATIONS
    10:15 - 11:15, Mark R. Connell
    1. Disabled Beneficiary Income Tax Issues
    2. Income Taxation of Trusts for Disabled Beneficiaries
    3. Which Returns to File
  3. POWERS OF ATTORNEY
    11:15 - 12:00, Mark R. Connell
    1. Gift Giving Power
    2. Statutory Requirements and Drafting Tips
    3. Powers that Must Be Expressly Stated to be Upheld
    4. Satisfying Institutions/Government Entities
    5. Suits to Modify POAs
  4. MEDICAL AND END-OF-LIFE DECISIONS
    1:00 - 1:45, Amanda Gilbert-Largent
    1. Advance Directives, End-of-Life Decisions
    2. Guardianships/Conservatorships
    3. Organ Donation and Treatment of the Remains
  5. MEDICAID BENEFITS AND ELIGIBILITY RULES
    1:45 - 2:30, Stephen B. Keogh
    1. What is Covered?
    2. Categorically and Medically Needy
    3. Financial Criteria for Single and Married Applicants
    4. Non-Financial Exceptions for Eligibility (i.e., TEFRA)
    5. Preventing Medicaid Fraud
  6. PRESERVING FAMILY ASSETS WHEN QUALIFYING FOR MEDICAID
    2:45 - 3:45, Stephen B. Keogh
    1. The Look-Back Requirements and Overlap
    2. Asset Divestment/Diversification Planning
    3. "Spenddown" Options
    4. Higher-Income Applicants
    5. Protecting Relative Caregivers and Dependents
    6. Planning for the Family Home
    7. Penalty Period for Improper Asset Transfers
  7. MEDICAID APPLICATION PROCEDURE AND TACTICS
    3:45 - 4:30, Wade D. Jensen
    1. The Application, RFA, and Level of Care Assessment Form
    2. Deadlines, Processing Times, and Overview
    3. The Hearing
    4. When Eligibility Begins
    5. Retroactive Benefits

DAY 2

  1. OBTAINING VETERAN BENEFITS
    9:00 - 10:00, Matthew T. Stillman
    1. VA Benefits and Eligibility Criteria
    2. VA Claims Procedure, Timeline, and Tactics
    3. Appealing the Denial of Benefits
  2. SPECIAL NEEDS TRUSTS: CREATION, TAXATION, ADMINISTRATION
    10:15 - 11:00, Walter A. Twachtman Jr.
  3. NEW AND FUTURE TRENDS AND CHALLENGES
    11:00 - 12:00, Walter A. Twachtman Jr.
    1. Health Care Reform and LTC Funding
    2. Elders Refusing Help
    3. Legally Compliant Non-Lawyer Referrals
    4. Prospective Payment Systems
    5. The Impact of the Baby Boomers' Retirement
  4. MEDICAID POST-ELIGIBILITY ISSUES
    1:00 - 2:00, Linnea J. Levine
    1. Appeals, Re-Determinations, Recertification
    2. Notice of Changes in Income/Assets
    3. Unearned Income
    4. Spousal Impoverishment
    5. Overpayment and Estate Recovery Issues
  5. COORDINATING BENEFITS AND OTHER INCOME SOURCES
    2:00 - 3:15, Matthew T. Stillman
    1. Medicare, SSI, and SSDI
    2. Home- and Community-Based Health Care Funding
    3. Grievances, Coverage and Appeals
    4. Medicare Set-Asides
    5. Veteran's Benefits
    6. QMB/SLMB/QI
    7. DHHS Appeals Process
  6. ETHICAL DILEMMAS
    3:30 - 4:30, Linnea J. Levine
    1. The Client and His/Her Best Interests
    2. Conflicts of Interest between Spouses
    3. Confidentiality
    4. Withdrawing Representation
    5. Attorney Fees and Retainer

MARK R. CONNELL is a sole practitioner in Branford practicing in estate planning, special needs planning, elder law and asset protection. Mr. Connell is a member of the American Bar Association, including section memberships in real property, probate and trust, business law and taxation; Connecticut Bar Association, including section memberships in estates and probate, elder law, tax and business law; National Academy of Elder Law Attorneys, Department of Veterans Affairs: Certified Benefits Attorney and Professional Member, Planned Lifetime Assistance Network of Connecticut, Inc. He earned his B.S. degrees from University of Connecticut and his J.D. degree from Quinnipiac University School of Law.

AMANDA GILBERT-LARGENT is an attorney at Estate Planning Law Center, LLC, located in Hartford, Connecticut. Ms. Gilbert-Largent focuses her practice on estate planning, probate administration and real estate transactions. She graduated with her B.A. degree from Marshall University and she earned her J.D. degree from Western New England College School of Law. Ms. Gilbert-Largent is a member of the Connecticut Bar Association.

WADE D. JENSEN is a partner at Hoops & Jensen, LLC, located in Groton, Connecticut. The focus of Mr. Jensen's practice is estate and tax planning, with particular emphasis on elder law issues. He has extensive experience with Medicaid (Title XIX) planning and applications. Mr. Jensen is a member of the National Academy of Elder Law Attorneys, the Elder Law Section of the Connecticut Bar Association, and is a past president of the Estate and Tax Planning Council of Eastern Connecticut. He earned his J.D. degree from the University of California at Los Angeles.

STEPHEN B. KEOGH is a partner in the Norwalk law firm of Keogh, Burkhart & Vetter, practicing primarily in elder law and probate law. A magna cum laude graduate of Yale College, Mr. Keogh earned his J.D. degree from Columbia University. He is a member of the Fairfield County, Connecticut and American bar associations; and the National Academy of Elder Law Attorneys. Mr. Keogh is a member of the Board of Directors of the Connecticut Chapter of the National Academy of Elder Law Attorneys, a member of the Executive Committee of the Elder Law Section of the Connecticut Bar Association, and a past co-chair of the Elder Law Section of the Fairfield County Bar Association. He is also a member of the Community Bioethics Forum, which is sponsored by the Program for Biomedical Ethics at the Yale School of Medicine, and was the first recipient of the Glenn E. Knierim Pro Bono Award, given by the Connecticut Probate Assembly, in April 2012.

LINNEA J. LEVINE is a sole practitioner in Westport, Connecticut. Ms. Levine concentrates her practice in areas of elder law, special needs planning and estate planning. Her practice concentrates in the application of the Social Security Act to obtain Medicare, Medicaid and Social Security disability income, and the Social Security Act's interaction with Connecticut and New York trusts, estate, probate and guardian/conservator laws. Ms. Levine also represents clients in nursing home care and contract issues, contested probate court matters and Medicaid fair hearings. In addition, she serves as a consultant in family court matters in which a spouse or minor child is disabled. Ms. Levine is a certified elder law attorney as awarded by the National Elder Law Foundation, approved by the American Bar Association and she has repeatedly been named as a Super Lawyer in elder law for the New England region. She earned her J.D. degree from New York Law School. Ms. Levine is a past president and current board member of the Connecticut Chapter of the National Academy of Elder Law Attorneys (CT NAELA), she is an accredited veteran's affairs claims attorney and a member of the Special Needs Planners.

MATTHEW T. STILLMAN is the principal of Stillman & Associates, LLC, located in Guilford, Connecticut. Mr. Stillman practices in the areas of estate planning, trusts and estates drafting, and elder law. He regularly advises clients on asset protection, Medicaid crisis/non-crisis planning, trusts and estates planning and drafting, completes Medicaid applications to the Connecticut Department of Social Services, and advises on and/or drafts V.A. benefits applications to the U.S. Department of Veterans’ Affairs. Mr. Stillman recently appeared before the Board of Veterans Appeals with the U.S. Dept. of Veterans’ Affairs. He frequently lectures on a variety of topics including: Medicaid (Title XIX) planning, trusts and estates planning, veterans’ benefits, and other subjects affecting seniors, veterans, and disabled individuals. Mr. Stillman is the immediate past president of the Connecticut Chapter of the National Academy of Elder Law Attorneys (CTNAELA), and both an executive committee member of the Elder Law Section and a member of the Veterans and Military Affairs section(s) of the Connecticut Bar Association. He received the CTNAELA President’s Award for service to seniors and his community in 2016. Mr. Stillman was recently honored by CTNAELA as the Elder Law Attorney of the Year. He earned his B.A. degree from the University of Michigan, Ann Arbor; his J.D. degree from Brooklyn Law School, Brooklyn, New York; and his LL.M. degree from Western New England University.

WALTER A. TWACHTMAN JR. is an attorney with Boscarino Grasso & Twachtman, LLP, where his areas of practice include a special focus on elder law, estate planning and probate, with an emphasis on special needs trusts. Mr. Twachtman also practices in the areas of residential and commercial real estate development, purchase and sale of real estate; land use, zoning, subdivision, inland wetlands, environmental and other governmental board, agency and commission proceedings; civil litigation; and all aspects of appellate procedure and practice before the Connecticut Appellate and Supreme Courts. He is a past guest lecturer at the University of Connecticut School of Nursing and the University of Massachusetts School of Nursing on medical legal issues and has presented to senior citizen groups on elder law topics. Mr. Twachtman is a member of the Elder Law Section, Estate and Probate Section, Real Property Section, Planning and Zoning Section, Construction Law Section, and the Environmental Law Section of the Connecticut Bar Association. He is also a member of the Connecticut Trial Lawyers Association, the National Academy of Elder Law Attorneys (NAELA), as well as the Hartford County and American bar associations. Mr. Twachtman is a former member of the Board of Editors of the Connecticut Bar Journal and was admitted to the bar in Connecticut in 1967. He earned his B.A. degree from the University of Connecticut; his LL.B degree from the University of Connecticut School of Law; and his LLM in estate planning and elder law from Western New England University School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

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Accreditation Details:

Continuing Legal Education

CT CLE: 12.00 Credit Approval Exp
03/19/2020
Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 12.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.


NY CLE: 14.00 Credit Approval Exp
03/19/2020
Includes - Areas of Professional Practice: 13.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 14.0 credit hours. 13.0 hours can be applied to the Areas of Professional Practice requirement and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


Veterans Affairs CLE

N VETRN: 1.00 Credit Approval Exp
03/19/2020
This course meets the requirements for qualifying CLE credit through the U.S. Department of Veterans Affairs as set out in 38 CFR Section 14.629, in the amount of 1.0 hours.


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