Audio CD + Course Book

Elder Law and Medicaid Planning: Everything You Need to Know

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78768CDRA

Audio + Course Book

Credit Information

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Other

  • Veterans Affairs CLE - 1.00
From Event: Elder Law and Medicaid Planning: Everything You Need to Know, held April 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. Tax Considerations
  4. Medical and End-of-Life Decisions
  5. Medicaid Benefits and Eligibility Rules
  6. Preserving Family Assets When Qualifying for Medicaid

DAY 2

  1. Medicaid Application Procedure and Tactics
  2. Obtaining Veteran Benefits
  3. Special Needs Trusts: Creation, Taxation, Administration
  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 * 04/23/2020
CLE 14.00 NY * 04/23/2020
CLE 12.00 PA * 04/23/2020

Veterans Affairs CLE – Veterans Affairs CLE: 1.00 N - Credit Approval Expiration 04/23/2020


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. LONG-TERM CARE PLANNING: TYPES, COST, AND FUNDING OPTIONS
    9:00 - 10:00, Bellanca J. Fletcher
    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
    10:00 - 10:45, Katherine C. Carpenter
    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. TAX CONSIDERATIONS
    11:00 - 12:00, Tara A. Pleat
    1. Disabled Beneficiary Income Tax Issues
    2. Income Taxation of Trusts for Disabled Beneficiaries
    3. Which Returns to File
  4. MEDICAL AND END-OF-LIFE DECISIONS
    1:00 - 2:00, Bellanca J. Fletcher
    1. Advance Directives, End-of-Life Decisions
    2. Guardianships/Conservatorships
    3. Organ Donation and Treatment of the Remains
  5. MEDICAID BENEFITS AND ELIGIBILITY RULES
    2:15 - 3:30, Bellanca J. Fletcher
    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
    3:30 - 4:30, Michael T. Brockbank
    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

DAY 2

  1. MEDICAID APPLICATION PROCEDURE AND TACTICS
    9:00 - 9:45, Phillip M. Tribble
    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
  2. OBTAINING VETERAN BENEFITS
    9:45 - 10:45, Katherine C. Carpenter
    1. VA Benefits and Eligibility Criteria
    2. VA Claims Procedure, Timeline, and Tactics
    3. Appealing the Denial of Benefits
    4. Adjustment of VA Benefits, Record Corrections
  3. SPECIAL NEEDS TRUSTS: CREATION, TAXATION, ADMINISTRATION
    11:00 - 12:00, Tara A. Pleat
  4. MEDICAID POST-ELIGIBILITY ISSUES
    1:00 - 2:00, Michael T. Brockbank
    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
    2:15 - 3:30, Phillip M. Tribble
    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, Bellanca J. Fletcher
    1. The Client and His/Her Best Interests
    2. Conflicts of Interest between Spouses
    3. Confidentiality
    4. Withdrawing Representation
    5. Attorney Fees and Retainer

MICHAEL T. BROCKBANK is a sole practitioner in Schenectady, New York, where his practice is concentrated in the areas of wills, trusts, and estates. Mr. Brockbank is the former chief clerk of Schenectady County Surrogate's Court, and former president of the NYS Surrogate Court Chief Clerk's Association. He is a former adjunct professor for the State University of New York - Albany. Mr. Brockbank earned his B.A. degree from Cornell University and his J.D. degree from the Albany Law School of Union University. He is a member of the New York State and Schenectady County bar associations.

KATHERINE C. CARPENTER is an attorney at the law firm of Wilcenski & Pleat PLLC, in Clifton Park. She practices in the areas of estate planning, special needs estate planning, long term care planning, trust administration and estate administration. She earned her B.A. degree, cum laude, at Marist College and her J.D. degree, cum laude, at Albany Law School. For years before and during law school, she worked as a paralegal in the areas of estate planning and estate administration at a Niskayuna law firm before joining the firm of Wilcenski & Pleat PLLC, in 2014. Most recently, Ms. Carpenter was selected as the Fourth District Delegate for the Elder and Special Needs Law Section of the New York State Bar Association and serves as a member of the Trusts and Estates Law Section as well as the Young Lawyers Section of the New York State Bar Association.

BELLANCA J. FLETCHER is an attorney in the Albany, New York area and is of counsel with Hover & Mackowski PLLC, in Clifton Park and Hudson, where she provides services in the areas of estate planning, elder law planning, and family law. Ms. Fletcher devotes a significant amount of her practice to helping families and elderly clients arrange their assets and estate plan to maximize the wealth that passes to their loved ones by expediting their eligibility for Medicaid, facilitating their application for long term care insurance, and locating other benefit programs for which they may be eligible. She is also well versed in various trusts and planning for individuals with disabilities and applying for public benefits. Ms. Fletcher is admitted to the New York State Bar and has spoken on topics ranging from estate administration and small estates to advanced Medicaid planning and Veterans benefits. She is a graduate of the State University of New York at Binghamton and earned her J.D. degree from Albany Law School.

TARA A. PLEAT is a co-owner and co-manager of the law firm of Wilcenski & Pleat PLLC. Ms. Pleat practices in the areas of trust and estate administration, special needs estates planning, trust, estate and tax planning for residents of New York and Florida and long term care planning and elder law. She serves as an adjunct professor of law at Albany Law School, where she teaches a course in the spring semester on estate and financial planning for the elderly and individuals with special needs. Ms. Pleat is the vice-chair of the Elder Law and Special Needs Section of the New York State Bar Association. She is the co-editor-in-chief of the publications committee of the Elder Law Section of the New York State Bar Association which publishes the Elder and Special Needs Law Journal on a quarterly basis. Ms. Pleat is also an active member of the Trusts and Estates Law Section, where she serves as District Delegate for the Fourth Judicial District. She is honored to be a member of the Special Needs Alliance, the Academy of Special Needs Planners and the National Academy of Elder Law Attorneys, and a fellow of the American College of Trust and Estate Counsel (ACTEC). She earned her B.A. degree at the State University of New York at Albany and her J.D. degree, cum laude, at Albany Law School.

PHILLIP M. TRIBBLE has been practicing law in the Capital District since 1979. He has offices in Clifton Park and Kinderhook, New York. His practice is concentrated in the areas of estate and Medicaid planning, elder law, probate and estate administration, and real estate. Mr. Tribble is a member of the New York State (Elder Law Section and the Trust and Estates Section), Albany County, Columbia County, and the Saratoga County bar associations. He has lectured on elder and Medicaid law for the Elder Law Section of the New York Bar Association; on Medicaid, estate planning, and estate administration for National Business Institute; and he has been a guest speaker on estate planning for the CSEA Union Northern Region. Mr. Tribble earned his B.A. degree from Valparaiso University, his MAR degree from Yale University School of Divinity, and his J.D. degree from Albany Law School.

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

CT CLE: 12.00 Credit Approval Exp
04/23/2020
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
04/23/2020
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.


PA CLE: 12.00 Credit Approval Exp
04/23/2020
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 12.0 hours of distance learning credit, including 11.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


Veterans Affairs CLE

N VETRN: 1.00 Credit Approval Exp
04/23/2020
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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Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702