Medicaid Divorce: Preserving Benefits, Minimizing Spend-Down, Protecting Assets, Electing Spousal Refusal
Family Law, Medicaid Regulations, and Public Policy Concerns to Safeguard Medical Benefits
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will focus on the complex issues confronting family law attorneys when representing aging clients who are married for a second or third time, or aging married clients who face possible nursing home admission. Remarried couples ages 50 and older have a divorce rate 2.5 times higher than couples who are in their first marriage. For those age 65 or older, in a remarriage, the divorce rate is more than three times higher than for those in first marriages. As the baby boomer generation ages, family law attorneys will encounter with increasing frequency divorces involving retired people with children from prior marriages.
- Medicaid divorce and the practice of law
- Key data points
- Medicaid program overview and impact on elderly divorces
The panel will review these and other important issues:
- Identifying your client's standing and interests
- Determining your client's competence and whether a GAL needs to be appointed
- Does the jurisdiction's law permit a power of attorney for signing a divorce agreement?
- Does the state have standing to intervene in a divorce if one spouse is in a nursing home?
- Will a judge approve a Medicaid divorce?
- Should the marital assets be saved for the children or paid for their step-parent's care?
Henry S. Gornbein
Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related... | Read More
Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related publications. Mr. Gornbein is the creator and host of the award winning cable television series, Practical Law. He is the creator and host of the You Tube series, Gracefully Greying, with a newly launched website: http.//www.gracefullygreying.com. Mr. Gornbein is the author of the book, Divorce Demystified, Everything You Need to Know Before You File For A Divorce and the coauthor with forensic psychologist, Jack Haynes Phd of the book: Child Custody, A Complete Guide For Parents which is being published in July of 2020.Close
Michael L. Rutkowski
The Rutkowski Law Firm
Mr. Rutkowski's practice focuses on estate planning, elder law, probate and trust administration.| Read More
Mr. Rutkowski's practice focuses on estate planning, elder law, probate and trust administration.Close
Ms. Peskin-Shepherd is an expert in family law, focusing on Collaborative Divorce, Litigation, Mediation, as well as... | Read More
Ms. Peskin-Shepherd is an expert in family law, focusing on Collaborative Divorce, Litigation, Mediation, as well as custody, parenting time, prenuptial and postnuptial agreements and other issues related to family law. Learn more at www.transitionslegal.com.Close