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Skyrocketing health and long-term care costs are putting added pressure on your aging clients to find a way to afford assisted care. This focused legal guide is dedicated to helping you offer the most current and effective Medicaid planning. Get detailed instruction on fulfilling all four eligibility criteria, with special focus on excluded assets, qualifying transfer techniques, and estate recovery rules. Order today!
- Is Medicaid Right for Your Client?
- Excluded vs. Countable Assets
- Income Eligibility
- Qualifying Asset Transfers: Which Techniques Work
- Application Process, Appeals and Post-Eligibility Issues
- Legal Ethics
- Liens, Estate Recovery and Hardship Waivers
Continuing Education Credit
Agenda / Content Covered
- IS MEDICAID RIGHT FOR YOUR CLIENT?
9:00 - 10:00, John Dotson
- Is Medicaid the Right Solution for the Client?
- Citizenship and Residency
- Application for Other Benefits
- Client and Agency Responsibilities (Reporting Changes of Income)
- Out-of-State Coverage
- New and Amended Eligibility Categories Under the ACA
- Medicaid Coverage vs. Private Alternatives
- ACA and PACE Eligibility: Recent Changes to In-Home Care Services Coverage
- Four Basic Eligibility Criteria in a Nutshell
- Partial Eligibility and Share of Cost
- EXCLUDED VS. COUNTABLE ASSETS
10:15 - 11:15, Kelly M. Gannott
- Community Spouse Resource Allowance and CSRA Appeal
- Assets Without Saleable Value
- Insurance and Other Assets Being Converted
- When are Bank Accounts Excluded?
- Creating Burial Contracts/Funeral Trusts
- Disaster Relief Act and Other Excluded Government Payment Programs (Reparation Payments, Alaskan Native Claims, Nazi Persecution Payments, etc.)
- Earned Income Tax Credit
- Garden/Wood Plots and Other Property Used for Home Consumption
- Limits on Household Goods
- Income-Producing Property
- Insurance Settlements
- Life Estates/Life Leases and Their Impact on Estate Planning
- When Life Insurance Becomes Countable
- Stocks, Bonds, and Mutual Fund Shares
- Valuation of Assets for Eligibility Purposes
- INCOME ELIGIBILITY
11:15 - 11:50, John Dotson
- How MAGI (Modified Adjusted Gross Income) is Calculated
- Common Risks to Income Eligibility
- Monthly Maintenance Need Allowance for the Community Spouse
- QUALIFYING ASSET TRANSFERS: WHICH TECHNIQUES WORK
12:50 - 1:50, Misty C. Vantrease
- Timing of the Transfers
- DRA and Look-Back Period
- Transfer Penalty
- Penalty Beginning Date
- Partial Months of Ineligibility
- What Counts as a Gift for Purposes of Medicaid Planning?
- Repayment of Debts and Prepayment of Expenses: Creative Uses
- Recording Purchase of Exempt Assets
- Treatment of IRAs and Retirement Accounts
- Purchase of a Life Estate
- Planning with Promissory Notes and Annuities
- The Reverse Half-Loaf Income Technique
- How to Protect the Community Spouse
- Reverse Mortgage: Legitimate Solution or Scam Artist's Dream?
- Other Exempt Transfers
- Timing of the Transfers
- APPLICATION PROCESS, APPEALS AND POST-ELIGIBILITY ISSUES
1:50 - 2:30, Kelly M. Gannott
- Application Procedure Step-by-Step
- Supporting Documentation to Include with the Submission
- Medicaid Fair Hearings Case Presentation Tips
- Crisis Planning to Shorten Penalty Period and Restore Eligibility
- Appeal Procedure
- Solving Overpayment Problems
- LEGAL ETHICS
2:45 - 3:45, Misty C. Vantrease
- Conflicts of Interest when Representing Both Spouses
- Protecting Confidentiality
- Attorney Fees
- Mental Capacity in Elder Law
- Practical Scenarios - What Would You Do?
- LIENS, ESTATE RECOVERY AND HARDSHIP WAIVERS
3:45 - 4:30, Paul C. O'Bryan
- Estate Recovery Rules
- Hardship Waivers
- Estate Recovery Exemption with Qualified Long-Term Care Insurance Policy
- Claim Reduction
JOHN DOTSON is an attorney with Kentucky ElderLaw, PLLC. He assists older clients, their children and other family members with Veteran’s benefits, nursing home admittance and stays, Medicaid planning and submission, asset preservation, asset distribution, mental capacity issues, probate, guardianship and other matters, both financial and non-financial. In addition, he drafts legal documents such as last wills, durable powers of attorney, living wills, health care surrogates, trusts and care agreements for clients and family members. Several years ago, Mr. Dotson served as the court-appointed guardian for his aunt, who was in a Glasgow nursing home. This experience had a significant impact on the way he viewed many things related to caring for older people. Having in mind the needs of and the questions posed by older members of his own family, Mr. Dotson joined Kentucky Elder Law to serve and respond to the needs of older clients and their families. He brings legal experience, compassion, first-hand knowledge and a passion for helping older folks and their families. Mr. Dotson currently serves on the boards of directors of The Kentucky and Southern Indiana Stroke Association and of Prodigal Ministries, Inc. He is also currently serving as the chair of the deacon body at Broadway Baptist Church and as the chair-elect of the KBA Elder Law Section. In March, 2016, he was nominated and selected as one of 20 People to Know in Aging Care by Business First. Mr. Dotson earned his B.B.A. degree in finance from the University of Kentucky. He earned his J.D. degree from the University of Kentucky College of Law.
KELLY M. GANNOTT is a partner at Kentucky ElderLaw, PLLC, in Louisville, Kentucky. Ms. Gannott assists older clients, their children and other family members with nursing home, Medicaid, asset preservation, asset distribution, mental capacity, probate, guardianship and other issues, both financial and non-financial. In addition, she drafts legal documents such as wills, powers of attorney, living wills, health care surrogates, care agreements and qualified income trusts (QITs) for clients and family members. Ms. Gannott also speaks on elder law issues in a variety of forums. She is chair of the Bylaws Committee for the Kentucky Bar Association's Elder Law Section and has served as chair of the Section's Legislative Committee and as an officer of the Section. Ms. Gannott earned her J.D. degree, cum laude, from Louis D. Brandeis School of Law at the University of Louisville; and her undergraduate degree, summa cum laude, from Murray State University.
PAUL C. O'BRYAN is a partner in the Louisville law firm of O’Bryan and O’Bryan. He focuses his practice in the areas of elder law, estate planning, family law, probate law, probate litigation, and wills and trusts. He is a certified mediator by Capital University Law School. Mr. O’Bryan has spoken on estate planning, guardianships, power of attorney, wills and trusts to business professionals. He earned his B.S. degree from the University of Louisville and his J.D. degree from Salmon P. Chase College of Law. Mr. O’Bryan is a member of the Probate Section and Family Law Section of the Louisville Bar Association and the Kentucky Justice Association.
MISTY C. VANTREASE is an attorney with Kentucky ElderLaw, PLLC. She assists older clients, their children and other family members, with nursing home, Medicaid, asset preservation, asset distribution, mental capacity, probate, guardianship and other issues, both financial and non-financial. In addition, she drafts legal documents such as wills, powers of attorney, living wills, health care surrogates, and care agreements for clients and family members. She also speaks and teaches in a variety of forums. Ms. Vantrease is a member of the Kentucky Bar Association. She earned her B.A. degree, summa cum laude, from Murray State University. She earned her J.D. degree from the University of Louisville Louis Brandeis School of Law.
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