Audio CD + Course Book

Protecting Assets While Qualifying for Medicaid

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • HI CLE - 6.00
From Event: Protecting Assets While Qualifying for Medicaid, held March 2018.

Program Description

Middle class Americans seeking asset protection cannot afford to ignore the potentially devastating costs of nursing home and other long-term care. Nursing homes are among the most common and largest creditors an average American is likely to face in his or her lifetime, but only about 10% of the population has long-term care insurance. For the other 90%, Medicaid is the primary source of payment, so a basic understanding of the Medicaid asset protection process is vital for all professionals who work with seniors and their families. This legal guide will provide an overview of asset protection concepts and strategies that elder law attorneys can use to legally and ethically protect assets while facilitating earlier Medicaid eligibility; and a set of crisis-management tools to prevent and correct inadvertent loss of benefits. Order today!

Course Content

  1. Applying for Medicaid - The Four Eligibility Requirements
  2. Pre-Need Asset Planning
  3. Crisis Planning and Assistance
  4. Trust-Based Medicaid Planning in Detail
  5. Using Special Needs Trusts - Sample Trust Review
  6. Applied Legal Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 HI - Credit Approval Expiration 03/20/2020 *

* denotes specialty credits

Agenda / Content Covered

  1. Applying for Medicaid - The Four Eligibility Requirements
    9:00 - 10:00, David S. Banas
    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
    6. Affordable Care Act and PACE Program and Eligibility
  2. Pre-Need Asset Planning
    10:15 - 11:15, David S. Banas
    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. 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
    11:15 - 12:15, David S. Banas
    1. Asset Purchase Strategies Available
      1. Purchases
      2. Payments
    2. Asset Transfer Strategies Available
      1. How to Transfer Residence to Caregiver Child
      2. How to Transfer Residence to Sibling with Equity Interest Who's Resided There for at Least One 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 and Other Adverse Medicaid Decisions
  4. Trust-Based Medicaid Planning in Detail
    1:15 - 2:15, David S. Banas
    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
    2:30 - 3:30, Rachel A. Kabb-Effron
    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
    3:30 - 4:30, Rachel A. Kabb-Effron
    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

DAVID S. BANAS is an attorney with the law firm of Hickman & Lowder Co., L.P.A. He concentrates his practice on elder law and special needs estate planning, traditional family estate planning, guardianships, and trust and estate administration. Mr. Banas is a graduate of the Capital University Law School in Columbus, Ohio, and the Ohio University in Athens, Ohio, where he received his degrees cum laude. Mr. Banas has co-authored articles appearing in the Probate Law Journal of Ohio and is a frequent presenter at various events, such as the Ohio State Bar Association’s Elder Law Institute and the Ohio State Bar Association Annual Convention. He is a member of the Ohio State Bar Association, the National Academy of Elder Law Attorneys (NAELA), and is an affiliate member of the Special Needs Alliance. Mr. Banas sits on the board of UCP of Greater Cleveland and is the current vice president of the Board of the National Alliance on Mental Illness (NAMI) Geauga.

RACHEL A. KABB-EFFRON is a partner in The Kabb Law Firm, in Beachwood, Ohio, where she specializes in elder law and concentrates on Social Security. Ms. Kabb-Effron is a certified elder law attorney by the National Elder Law Foundation and is recognized as a specialist by the Supreme Court of Ohio. She has more than eight years of experience in representing elderly and disabled clients on eligibility issues involving Medicaid and other public assistance programs. Ms. Kabb-Effron has been practicing life care planning since 2006 and is currently the vice president of the Life Care Planning Law Firms Association. She is the immediate past-president of the Ohio Chapter of the National Academy of Elder Law Attorneys and has been an active member of the National Academy of Elder Law Attorneys on numerous national committees. Ms. Kabb-Effron is a member of the Ohio State and Cleveland bar associations. She recently chaired and was a presenter at the Cleveland Bar Association's Elder Law CLE, and is a frequent speaker for other professional and community groups on elder law issues. Ms. Kabb-Effron earned her B.A. degree, with honors, from the University of Cincinnati and her J.D. degree, cum laude, from the Cleveland-Marshall College of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

HI CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.

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How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702