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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 - 9:50, Michael Fraleigh
- 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
9:50 - 10:40, Susan L. Chalgian
- 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
10:55 - 11:45, Susan L. Chalgian
- 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
12:45 - 1:35, Michael Fraleigh
- 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
1:35 - 2:25, Theresa K. Phelps
- 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
2:40 - 3:40, Bradley A. Vauter
- 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
3:40 - 4:30, Bradley A. Vauter
- Estate Recovery Rules
- Hardship Waivers
- Estate Recovery Exemption with Qualified Long-Term Care Insurance Policy
- Claim Reduction
SUSAN L CHALGIAN is an attorney at Chalgian & Tripp Law Offices PLLC. Ms. Chalgian’s primary areas of practice include probate litigation, estate planning and elder law. She is a graduate of Western Michigan University Cooley Law School. She received her undergraduate degree from DePaul University in Chicago. She is a member of the Probate and Estate Planning Section and Elder Law and Disability Rights Section of the State Bar of Michigan.
MICHAEL FRALEIGH is an attorney with The Fraleigh Law Firm PLLC, has more than 20 years of experience practicing law. He specializes in farm succession and transition planning, estate and trust planning, including special needs trusts, estate and trust administration, protection of disabled children and adults, and elder law. Mr. Fraleigh is uniquely positioned to serve the agricultural community. He grew up on a family farm in the Thumb Area, which has now been in operation for four generations. He understands the challenges facing farmers and ranchers who need to balance the interests of the current generation, the next generation, and the business itself. Additionally, he formerly served as an assistant attorney general for the state of Michigan in the finance and development, insurance and banking, healthcare fraud, and mental health divisions. Mr. Fraleigh is a member of the American Bar Association, including the Real Property Trust & Estate Law - Estate Planning and Administration for Business Owners, Farmers and Ranchers, Business Investment Entities, Partnerships, LLC’s and Corporations, and Business Law sections. He formerly served as president of the Michigan Guardianship Association and is currently a member of the State Bar of Michigan Alternative Dispute Resolution, Elder Law & Disability Rights, and Probate & Estate Planning sections. Additionally, he is a member of Michigan Farm Bureau, Wealth Counselors Advisors Forum, and the National Academy of Elder Law Attorneys. He is the author of several articles and has given frequent presentations on farm and ranch succession planning, estate planning, elder law, and related topics. Mr. Fraleigh received his B.A. degree from Michigan State University and his J.D. degree from Thomas M. Cooley Law School.
THERESA K. PHELPS is an attorney at Phelps Law Office, PLC, in Rockford, Michigan, where she concentrates her private practice in the areas of estate planning, trust and estate administration, probate litigation, elder law, and asset protection planning. She is a member of the Probate and Estate Planning, and Elder Law sections of the State Bar of Michigan. Ms. Phelps is also a council member of the Probate Section of the Grand Rapids Bar Association. She frequently lectures to various groups on estate planning, administration and elder law topics and is licensed to practice law in Michigan and the U.S District Court for the Western District of Michigan.
BRADLEY A. VAUTER is the principal of the law firm of Bradley A. Vauter & Associates, P.C., in Grand Ledge. Since 1983, Mr. Vauter has practiced in the areas of elder law, estate planning, guardianship, probate law, corporate law and nonprofit corporate law. Mr. Vauter has formerly served in several capacities, including community liaison for the legal hotline with Elder Law of Michigan, senior director with the State Bar of Michigan and their access to justice group, and as executive director of the AIDS legal council of Chicago. In addition, he has worked with Legal Services of Northern Michigan, the Michigan Protection and Advocacy, and as a principal for the firm of Post Range and Vauter. Mr. Vauter is a member of the State Bar of Michigan and admitted to the Eastern and Western (Federal) District Courts of Michigan. He is certified as a mediator under the Michigan Court Rules (MCR 2.411) and offers mediation services, and is a notary public. He holds a certificate of completion in Elderly Crime and Abuse: Prevention and Prosecution - a program jointly sponsored by the MSU School of Criminal justice and the Michigan Office of Services to the Aging. In the past two years he’s worked with the local regional TRIAD and also the Eaton County Vulnerable Adult network. Mr. Vauter is a member of the Ingham County Bar Association, and also served as a G.A.L., or attorney, with the Eaton County Probate Court. He earned his B.A. degree, cum laude, from Lake Superior State University and his J.D. degree from Detroit College of Law, now the Michigan State University College of Law.
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