Agenda / Content Covered

1. IS MEDICAID RIGHT FOR YOUR CLIENT?
   9:00 - 10:15, Carroll Dortch
   1. Is Medicaid the Right Solution for the Client?
   2. Citizenship and Residency
   3. Application for Other Benefits
   4. Client and Agency Responsibilities (Reporting Changes of Income)
   5. Out-of-State Coverage
   6. Medicaid Coverage vs. Private Alternatives
   7. Four Basic Eligibility Criteria in a Nutshell
   8. Partial Eligibility and Share of Cost
   9. Medicaid Programs and Rules Update
   10. Application Process, Appeals and Post-Eligibility Issues
2. EXCLUDED VS. COUNTABLE ASSETS
   10:30 - 11:45, Geoff J. Sogi
   1. Community Spouse Resource Allowance and CSRA Appeal
   2. Assets Without Saleable Value
   3. Annuities
   4. Insurance and Other Assets Being Converted
   5. When are Bank Accounts Excluded?
   6. Creating Burial Contracts/Funeral Trusts
   7. Disaster Relief Act and Other Excluded Government Payment Programs (Reparation Payments, Alaskan Native Claims, Nazi Persecution Payments, etc.)
   8. Earned Income Tax Credit
   9. Garden/Wood Plots and Other Property Used for Home Consumption
   10. Limits on Household Goods
   11. Income-Producing Property
   12. Insurance Settlements
   13. Life Estates/Life Leases and Their Impact on Estate Planning
   14. Loans
   15. When Life Insurance Becomes Countable
   16. Vehicles
   17. Stocks, Bonds, and Mutual Fund Shares
   18. Trusts
   19. Valuation of Assets for Eligibility Purposes
3. INCOME ELIGIBILITY
   12:45 - 2:00, Geoff J. Sogi
   1. How MAGI (Modified Adjusted Gross Income) is Calculated
   2. Common Risks to Income Eligibility
   3. Monthly Maintenance Need Allowance for the Community Spouse
4. QUALIFYING ASSET TRANSFERS: WHICH TECHNIQUES WORK
   2:15 - 3:30, Carroll Dortch
   1. Timing of the Transfers
      1. DRA and Look-Back Period
      2. Transfer Penalty
      3. Penalty Beginning Date
      4. Partial Months of Ineligibility
   2. What Counts as a Gift for Purposes of Medicaid Planning?
   3. Repayment of Debts and Prepayment of Expenses: Creative Uses
   4. Recording Purchase of Exempt Assets
   5. Treatment of IRAs and Retirement Accounts
   6. Purchase of a Life Estate
   7. Planning with Promissory Notes and Annuities
   8. The Reverse Half-Loaf Income Technique
   9. How to Protect the Community Spouse
   10. Reverse Mortgage: Legitimate Solution or Scam Artist's Dream?
   11. Other Exempt Transfers
5. LEGAL ETHICS
   3:30 - 4:30, Carole R. Richelieu
   1. Conflicts of Interest when Representing Both Spouses
   2. Protecting Confidentiality
   3. Attorney Fees
   4. Mental Capacity in Elder Law
   5. Practical Scenarios - What Would You Do?

CARROLL DORTCH is an attorney with Okura & Associates, where he focuses his practice on estate planning, including Medicaid planning and protecting assets from nursing home costs. Mr. Dortch received his bachelor's degree from Utah Valley University and his J.D. degree from the University of New Hampshire School of Law.

CAROLE R. RICHELIEU is an attorney and the former and longest serving chief disciplinary counsel of Hawaii's Office of Disciplinary Counsel and former fund administrator for the Lawyers' Fund for Client Protection. Ms. Richelieu currently serves with the State Department of Commerce and Consumer Affairs, and is a former per diem hearings officer for the State Departments of Labor and Land and Natural Resources, as well as a legal ethics expert, consultant, and instructor. She has made numerous presentations on legal ethics, client protection, practice management, and professionalism, as well as written many articles and contributed to numerous manuals. Ms. Richelieu has served as a Supreme Court appointee to the Chief Justice's National Action Plan (producing the first one in the nation), the Committee to Review the Code of Judicial Conduct, the Committee on the Certification of Legal Specialists, the Committee on Unbundling Legal Services/Unauthorized Practice of Law, and continues to serve on the Board of Examiners in various capacities and the Commission on Professionalism. She is a fellow of the American Bar Foundation, and a member of the American Bar Association Center for Professional Responsibility, American Bar Association, and the Hawaii State Bar Association (on which she has served on many committees, and is currently a director for the Senior Counsel Division and twice past president, as well the Transitioning Lawyers Committee).

GEOFF J. SOGI is managing attorney at Tamashiro Sogi, A Law Corporation, where he focuses his practice in the areas of estate planning, long-term care planning, probates, conservatorships, guardianships, and estate and trust administration. Mr. Sogi is a member of the Hawaii State Bar Association's Probate and Estate Planning and Elder Law sections, the American Bar Association, and the Hawaii Estate Planning Council. He earned his B.A. degree from the University of Hawaii at Manoa and his J.D. degree from William S. Richardson School of Law at the University of Hawaii at Manoa.