Audio CD + Course Book

Elder Law and Medicaid Planning: Everything You Need to Know

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78255CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
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. Powers of Attorney
  3. Medicaid Benefits and Eligibility Rules
  4. Preserving Family Assets When Qualifying for Medicaid
  5. Medicaid Application Procedure and Tactics

DAY 2

  1. Tax Considerations
  2. Special Needs Trusts: Creation, Taxation, Administration
  3. Medicaid Post-Eligibility Issues
  4. Liability/Litigation Issues in Elder Law
  5. Ethical Dilemmas

Continuing Education Credit

Continuing Legal Education – CLE


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. LONG-TERM CARE PLANNING: TYPES, COST, AND FUNDING OPTIONS
    9:00 - 10:15, Jessica L. Estes
    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. POWERS OF ATTORNEY
    10:30 - 11:45, Jessica L. Estes
    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
  3. MEDICAID BENEFITS AND ELIGIBILITY RULES
    12:45 - 1:45, Rachel S. Vogel
    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
  4. PRESERVING FAMILY ASSETS WHEN QUALIFYING FOR MEDICAID
    1:45 - 3:00, Rachel S. Vogel
    1. The Look-Back Requirements and Overlap
    2. Asset Divestment/Diversification Planning
    3. Fair Market Value under DRA
    4. "Spenddown" Options
    5. Higher-Income Applicants
    6. Protecting Relative Caregivers and Dependents
    7. Planning for the Family Home
    8. Interstate Asset Transfers
    9. Penalty Period for Improper Asset Transfers
  5. MEDICAID APPLICATION PROCEDURE AND TACTICS
    3:15 - 4:30, Oscar Snow
    1. Types of Applications, When to Use Them, 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. TAX CONSIDERATIONS
    9:00 - 10:15, Todd J. Bornstein
    1. Disabled Beneficiary Income Tax Issues
    2. Income Taxation of Trusts for Disabled Beneficiaries
    3. Which Returns to File
  2. SPECIAL NEEDS TRUSTS: CREATION, TAXATION, ADMINISTRATION
    10:30 - 11:45, May-Lis Manley
  3. MEDICAID POST-ELIGIBILITY ISSUES
    12:45 - 2:00, Oscar Snow
    1. Appeals, Re-Determinations, Recertification
    2. Notice of Changes in Income/Assets
    3. Unearned Income
    4. Spousal Impoverishment
    5. Overpayment and Estate Recovery Issues
  4. LIABILITY/LITIGATION ISSUES IN ELDER LAW
    2:00 - 3:15, Louise A. Lock
    1. Common Liabilities and Liable Parties
    2. Reporting Elder Abuse and Neglect
    3. Key Issues in Nursing Home Torts
    4. Medicaid Liens
  5. ETHICAL DILEMMAS
    3:30 - 4:30, Louise A. Lock
    1. The Client and His/Her Best Interests
    2. Conflicts of Interest between Spouses
    3. Confidentiality
    4. Withdrawing Representation
    5. Attorney Fees and Retainer

TODD J. BORNSTEIN is a CPA and a partner at the law firm of Selzer Gurvitch Rabin Wertheimer & Polott, P.C., located in Bethesda, Maryland. His practice is concentrated in the areas of sophisticated estate planning, estate and trust administration and litigation, Internal Revenue Service estate tax audits, charitable planning, and tax. Mr. Bornstein has lectured on estate planning issues at the Department of Justice and for professional and charitable organizations, including providing continuing education for attorneys and accountants. He is actively involved in the Maryland State Bar Association and is a past chair of the Maryland State Bar Association's Tax Section Council, where he continues to serve. Mr. Bornstein serves as volunteer supervising attorney and instructor for the National Wills for Heroes Program, which prepares estate planning documents for firefighters, police officers and other first responders.

JESSICA L. ESTES is a founding member of ERA Law Group, LLC. She oversees the estates, trusts, elder law and Medicaid/veteran's benefits sections of the firm's practice in Annapolis, Maryland. For more than a decade, Ms. Estes has worked with individuals and families to make sure they have the necessary legal documents in place in the event of death, disability or incapacity. She also helps clients apply and qualify for government benefits while at the same time preserving their assets for their families and loved ones. Ms. Estes is a member of the National Academy of Elder Law Attorneys and was also a panel member for the American Bar Association's 2015 webinar entitled "Medicaid Risk Analysis - Identifying Medicaid Eligibility and Avoiding Malpractice." In addition, she is a regular contributor to Outlook by the Bay magazine and a member volunteer for the Junior League of Annapolis, Inc. Ms. Estes also speaks regularly at various assisted living facilities and senior centers throughout Maryland. She received her B.A. degree from the University of Maryland, College Park and her J.D. degree from the University of Baltimore School of Law. Ms. Estes is licensed to practice law in Maryland, the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit.

LOUISE A. LOCK is a sole practitioner with the Law Offices of Louise A. Lock, P.A., in Towson. Ms. Lock is a seasoned advocate who has devoted her practice to representing clients in all areas of plaintiffs’ personal injury law. She received her B.A. degree from Johns Hopkins University, her J.D. degree from the University of Baltimore School of Law and her L.L.M. degree from the Widener University School of Law. Ms. Lock is a past president of the Maryland Association for Justice. She is active in the bar associations of Baltimore City and Baltimore County, serves on the Editorial Advisory Board of The Maryland Bar Journal and lectures on various topics of interest to the plaintiffs’ bar.

MAY-LIS MANLEY is an attorney with Ron M. Landsman, P.A., where her areas of practice include elder law, Medicaid, guardianship, and special needs trusts. She is admitted to practice in Maryland and Washington D.C. Ms. Manley is a member of the Special Needs Alliance, the Maryland State Bar Association, and the District of Columbia Bar Association. She earned her B.A. degree from Boston College and her J.D. degree from the University of Maryland School of Law.

OSCAR SNOW is president of Maryland Medicaid Consultants, LLC, located in Baltimore, Maryland. Maryland Medicaid Consultants assists Maryland residents in navigating the Medicaid eligibility process. Mr. Snow is a detail oriented, customer focused professional that provides policy guidance at every phase of the Medicaid process. For both advance and crisis planning, he has guided financial advisors, estate planning attorneys, personal representatives, guardians and nursing facilities. His expertise includes, but is not limited to, evaluating applications, reviewing resources and organizational Medicaid policy training. Mr. Snow is a Medicaid strategist, speaker and subject matter expert. His expertise and experience was garnered while serving several years as a case manager, assistant supervisor and supervisor with a Maryland state agency commissioned to determine Medicaid eligibility for Baltimore City, Anne Arundel, Baltimore and Prince George’s counties. Mr. Snow has a B.S. degree in business administration from Frostburg University and an M.A. degree in psychology from the University of the Rockies.

RACHEL S. VOGEL is an attorney with Frank, Frank & Scherr, LLC, where she focuses her practice in the areas of medical assistance and long-term care planning, estate planning, guardianship and special needs planning. She is a member of the Maryland State Bar Association, American Bar Association and the National Academy of Elder Law Attorneys. Ms. Vogel earned her B.A. degree from University of Delaware and her J.D. degree from University of Baltimore 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

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

VA CLE:
This content has been approved for Virginia Mandatory Continuing Legal Education credit. Credit hours will be awarded based on the actual run time.


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