Agenda / Content Covered

DAY 1

1. Applying for Medicaid - Eligibility Requirements
   9:00 - 10:00, Fred J. Forman
   1. Needs-Based Benefits: SSI, Medicaid, VA, etc. - Coverage and Criteria Compared
   2. Categorical Eligibility
   3. Medical Eligibility: The Needs Assessment
   4. Income and Resource Eligibility
   5. Transfer Eligibility: The Lookback and Penalty Periods
   6. Affordable Care Act and the Effect of Medicaid Expansion
   7. Estate Recovery Rules
2. New Hampshire Medicaid Updates
   10:15 - 11:00, Jessica M. Powers
3. Top 10 Medicaid Misconceptions
   11:00 - 11:50, Fred J. Forman
   1. Medicare vs. Medicaid
   2. Federal Gift Tax vs. Medicaid Transfer Rules
   3. Nursing Homes vs. Assisted Living Facilities
   4. Why Revocable Living Trusts (RLTs) DO NOT Work
   5. Why Long-Term Care Insurance IS NOT a Substitute for Medicaid Planning
   6. Problems with Gifting the Principal Residence to the Children
   7. What Should the Clients Disclose to the Nursing Home?
   8. Why it is Not Too Late to Protect Assets AFTER Nursing Home Entry
   9. Why Most Powers of Attorney are Inadequate
4. Pre-Need Planning Part 1: Excluded vs. Countable Assets
   12:50 - 1:30, Fred J. Forman
5. Pre-Need Planning Part 2: Protecting Assets
   1:30 - 2:30, Jessica M. Powers
   1. Medicaid Planning for Single vs. Married Applicants
   2. Transferring Real Property Without Jeopardizing Medicaid Eligibility
   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
6. Crisis Planning Part 1: Asset Purchase and Transfer Strategies
   2:45 - 3:30, Fred J. Forman
   1. Purchases and Payments
   2. How to Transfer Residence to Caregiver Child
   3. How to Transfer Residence to Sibling with Equity Interest Who's Resided There for at Least One Year
   4. How to Transfer Residence Subject to Life Estate or Occupancy Agreement
   5. Caregiver Agreement Between Parent and Child
   6. Monthly Maintenance Need Allowance (MMNA) for the Community Spouse
   7. Annuity Transfer Rules and Tactics
7. Crisis Planning Part 2: Contesting the Penalty Period Dates and Other Adverse Medicaid Decisions
   3:30 - 4:00, David R. Craig
8. Crisis Planning Part 3: Community Spouse Resource Allowance, CSRA Appeals, and Undue Hardship Waivers
   4:00 - 4:30, Faith E. Delaney

DAY 2

9. Trust-Based Medicaid Planning
   9:00 - 10:00, Donald H. Sienkiewicz
   1. Is a Trust Needed?
   2. Common Trust Structures Used in Medicaid Planning
   3. Choosing the Assets for Funding the Trusts
   4. Self-Settled Trusts and Their Impact on Eligibility
10. Using Income-Only Trusts While Qualifying for Medicaid
    10:15 - 11:15, Donald H. Sienkiewicz
    1. Purpose of Using IOTs
    2. Principal Distribution Provision
    3. Taxation of IOTs
11. Using Special Needs Trusts - Sample Trust Review
    11:15 - 12:15, Ann N. Butenhof
    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
12. Tax Aspects of Medicaid Planning
    1:15 - 2:15, Donald H. Sienkiewicz
    1. Tax Implications of Outright Transfers vs. Transfers to Trusts
    2. Basis Issues
    3. Tax Consequences of Medicaid Trusts
    4. Where Good Estate Planning Equals Bad Medicaid Planning
13. Medicaid Estate Recovery: What Can They Get?
    2:30 - 3:30, G. Thomas Bickford
    1. Authorization of Medicaid Estate Recovery: Constitutionality, Federal Pre-Emption, Exemptions
    2. What's Recoverable? Definition of Estate and Tests Applied
    3. Recovery From Medicaid Recipient vs. Spouse
    4. Conflict of Laws: Joint Tenancy, Contract Law, Trust Law
    5. Interests in Life Estates at Death
    6. Interests in IRAs and Other Qualified Accounts
14. Applied Legal Ethics
    3:30 - 4:30, Stephanie K. Burnham
    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:

G. THOMAS BICKFORD opened his own practice in 2002, where he focuses on the legal issues facing seniors and their families. Mr. Bickford assists clients in examining their options for meeting long-term healthcare needs with the use of long-term-care insurance, personal care contracts with family members and Medicaid benefits; in meeting the threat of mental incapacity using financial durable powers of attorney, medical advance directives and revocable trusts; and meeting their estate planning needs with wills and trusts. Mr. Bickford is a member and former president of the New Hampshire Chapter of the National Academy of Elder Law Attorneys, Inc., and is active on its Legislative and Technology committees. He also is a member of the New Hampshire Bar Association's Elder Law, Estate Planning and Probate Law and Real Property Law sections. He earned his J.D. degree from Pace University School of Law.

STEPHANIE K. BURNHAM is an attorney with Hage Hodes, PA, in the areas of wills, trusts and estates; probate court; Medicaid, nursing homes and home health care; bankruptcy and debt collection; small business representation; and real estate matters. Ms. Burnham has considerable experience in working with clients to draft effective documents and advise clients on their personal, family and financial needs. She works with clients on strategies for trusts, wills, advanced directives, nursing homes, asset protection, business formations, and personal care contracts. Ms. Burnham also assists families in estate and trust administration and advising them through the financial stresses that come from debts and filing bankruptcy. She strategizes with her clients to plan and prepare the appropriate tools to protect their family, businesses and assets. Ms. Burnham was on the faculty of Southern New Hampshire University where she was a member of the Justice Studies Program, teaching undergraduate and graduate level students on-line. She also serves as an arbitrator with the Better Business Bureau, hearing Lemon Law claims. She graduated with her B.S. degree from the University of New Hampshire and earned her J.D. degree from Western New England University (formerly Western New England College).

ANN N. BUTENHOF practices in the areas of elder law, estate planning and special needs trusts. Prior to entering private practice, she was the directing attorney of the Senior Citizens Law Project of New Hampshire Legal Assistance, a statewide nonprofit law firm. Ms. Butenhof is a member of the New Hampshire Bar Association's Elder Law, Estate Planning and Probate Section, the Special Needs Alliance, the National Academy of Elder Law Attorneys, and the New Hampshire Estate Planning Council. Ms. Butenhof earned her B.A. degree from Lake Forest College; and both her J.D. degree, magna cum laude, and her social work M.S.S.A. degree from Case Western Reserve University. She earned the certified elder law attorney "C.E.L.A." distinction from the National Elder Law Foundation.

DAVID R. CRAIG is the principal of David R. Craig & Associates, a small firm trusts and estates law practice in New Boston, New Hampshire. He has been formally board certified in elder law by the National Elder Law Foundation since 2005 (recertified in 2010, 2015). His practice is exclusively limited to the areas of estate planning, probate administration, guardianship, public benefits law, veterans’ pension programs, special needs disability planning, and general elder law issues. Mr. Craig is licensed to practice law in the state of New Hampshire; the Federal District Court, District of New Hampshire; and the U.S. Court of Appeals for Veterans Claims. He is a member of the National Academy of Elder Law Attorneys; the New Hampshire Estate Planning Council; a founding member and past president of the New Hampshire Chapter of the National Academy of Elder Law Attorneys; and past chair of the Elder Law, Estate Planning & Probate Section of the New Hampshire Bar Association. Mr. Craig received his J.D. degree from Franklin Pierce Law Center, now UNH School of Law.

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 the founding shareholder and director of Forman, Clark, Pockell & Associates, P.A. Mr. Forman represents more than 1,000 business clients on all matters ranging from start up to succession. He also works with high net worth clients in matters related to sophisticated estate and business succession planning. Mr. Forman earned his B.A. degree from Merrimack College and his J.D. degree, magna cum laude, from Western New England College. He is a member of the Maine State, New Hampshire, and Massachusetts bar associations. Mr. Forman is also a member of the New Hampshire Estate Planning Council.

JESSICA M. POWERS is an attorney with Forman, Clark, Pockell & Associates, P.A., assisting her clients in estate and asset protection planning, including covering lifetime medical, end of life and financial decisions in the event of disability; Medicaid planning; elder law; NFA firearm trust law; consumer protection law; and business law, including business succession planning. Ms. Powers drafts and reviews durable financial powers of attorney, living wills and medical powers of attorney documents, revocable trusts to avoid probate, NFA-approved firearm trusts, irrevocable trusts for Medicaid planning, special needs or supplemental needs trusts, and marital and credit shelter trusts. Ms. Powers helps her business clients in all facets of their legal needs from start-up and entity selection to sophisticated business expansion and succession planning. She also works with business clients reviewing existing and creating new contracts, agreements, purchase and sale agreements, and other documents necessary for the successful operation of her client's businesses. Ms. Powers received her undergraduate degree, magna cum laude, from Northeastern University and her J.D. degree from Suffolk University Law School.

DONALD H. SIENKIEWICZ is the principal attorney at the Estate Preservation & Planning Law Office in Milford, New Hampshire. He focuses his legal practice on estate planning, asset protection, and elder law. His practice also includes advising clients on tax-efficient wealth management, business succession planning, and long-term care planning through the use of revocable and irrevocable trusts, limited liability companies, and other legal arrangements. Mr. Sienkiewicz is a member of the National Academy of Elder Law Attorneys and the New Hampshire Bar Association's Elder Law, Estate Planning, and Probate Section. He is licensed to practice in New Hampshire and Massachusetts. Mr. Sienkiewicz earned both of his B.A. degrees, magna cum laude, in economics and environmental policy from Boston University and his J.D. degree from Northeastern University School of Law in Boston.