Agenda / Content Covered

1. Applying for Medicaid - The Four Eligibility Requirements
   11:00 — 12:00, Melissa Abu-Adas
   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
2. Pre-Need Asset Planning
   12:00 — 1:00, Melissa Abu-Adas
   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. Revocable vs. Irrevocable 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
   1:15 — 2:15, Stephen Keogh
   1. Asset Purchase Strategies Available in Most States
      1. Purchases
      2. Payments
   2. Asset Transfer Strategies Available in Most States
      1. How to Transfer Residence to Caregiver Child
      2. How to Transfer Residence to Sibling on Title for More Than a 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
4. Trust-Based Medicaid Planning in Detail
   2:45 — 3:45, Debby Rosenfeld
   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
   3:45 — 4:45, Debby Rosenfeld
   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
   5:00 — 6:00, Stephen Keogh
   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:

Melissa Abu-Adas is the Managing Member of the Law Office of Melissa H. Abu-Adas, LLC in Tinton Falls, New Jersey. She is certified as an elder law attorney by the ABA-accredited National Elder Law Foundation. Ms. Abu-Adas' practice focuses on estate planning, elder law, wills, trusts, long-term care planning, Medicaid applications, guardianships, special needs trusts, and estate administration. She is licensed in both New Jersey and Pennsylvania. Ms. Abu-Adas graduated from Rutgers School of Law - Newark where she was a member of the Federal Tax Law Clinic. She served as a law clerk for the Honorable Victor Ashrafi in the New Jersey Superior Court, Appellate Division. Ms. Abu-Adas is a member of the New Jersey Chapter of the National Academy of Elder Law Attorneys where she also previously served as President and Legislative Committee Chair. She is also a member of New Jersey Bar Association - Elder Law & Disability Section.

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.

Debby Rosenfeld is an attorney with Ronald Fatoullah & Associates, where she practices in the areas of elder law, estate planning, and real estate. Ms. Rosenfeld is admitted to practice in New York. She lectures as well as writes articles on various elder law issues for both attorneys and laypeople. Ms. Rosenfeld earned her B.A. degree from Barnard College of Columbia University and her J.D. degree from New York University School of Law. She is a member of the New York State and Nassau County bar associations.