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

  • WV CLE - 7.20
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: 7.20 WV - Credit Approval Expiration 03/14/2020 *

* denotes specialty credits

Agenda / Content Covered

  1. Applying for Medicaid - The Four Eligibility Requirements
    9:00 - 10:00, Brent L. Van Deysen
    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 (MMNA) 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
    10:00 - 11:00, Brent L. Van Deysen
    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, Brent L. Van Deysen
    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, Brent L. Van Deysen
    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, Andrew L. Ellis
    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, Andrew L. Ellis
    1. Selected Ethical Rules Affecting the Estate Planner
    2. Who's Your Client? Conflict of Interest
    3. Competency
    4. The Importance of Confidentiality
    5. Attorneys' Fees
    6. Attorney Malpractice in West Virginia
    7. Recent Revisions to the West Virginia Rules of Professional Conduct
    8. Hypotheticals

ANDREW L. ELLIS is an attorney with Wooton, Davis, Hussell & Ellis, PLLC. Mr. Ellis leverages a thorough understanding of estate and trust law with extensive experience handling taxation matters to help clients navigate the complex regulations of estate planning and administration. He represents both institutions and individuals in a variety of matters, including transfer of wealth and business succession plans, as well as personal and professional business planning and guidance. His comprehensive knowledge of state and federal income tax matters has enabled him to work with a number of non-profit organizations, advising them through their formation all the way through to procuring their tax exemption status, including the application process. Additionally, his experience working with businesses of all sizes, as well as his knowledge of evolving tax legislation, allow him to offer proactive counseling and planning advice to clients to help achieve their goals and objectives while mitigating their risk along the way. When litigation becomes necessary, Mr. Ellis has extensive litigation experience in will contests and misappropriation of funds cases, utilizing his knowledge of estate and trust law to help clients reach successful resolutions. He also handles general litigation matters for clients, ranging from breach of contract matters to real estate disputes. Mr. Ellis has handled various types of litigation matters throughout the state of West Virginia. He is a member of The West Virginia State Bar (Probate Committee) and the Charleston Estate Planning Council. He earned his B.A. degree from West Virginia Wesleyan College, his J.D. degree from the University of Denver College of Law, and his LL.M. degree from the University of Denver.

BRENT L. VAN DEYSEN is an attorney with Van Deysen Law Office. His primary area of practice is elder law. Mr. Van Deysen is a member of the National Academy of Elder Law Attorneys (NAELA) and is an accredited attorney authorized to handle claims before the Veterans Administration. He is also a member of The West Virginia State Bar. Mr. Van Deysen volunteers his time for many worthy causes that benefit seniors and their caregivers. He is a past member of the Board of Directors of Monongalia County’s Senior Center and Senior Monongalians Inc., where he also served as board president during 2009 and 2010. Van Deysen Law Office is a corporate sponsor of the Alzheimer’s Association Memory Walk held each spring in Morgantown, West Virginia to raise awareness about Alzheimer‘s disease and the on-going battle to find a cure. Mr. Van Deysen is a graduate of the West Virginia University College of Law, where he earned his law degree. He is also a graduate of Fairmont State College where he earned a baccalaureate degree in accounting.

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

WV CLE: 7.20 Credit Approval Exp
Includes - Ethics: 1.20
This program may qualify for up to 7.2 hours of self-study credit, which includes 1.2 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.

Additional Format Options


How To Order

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