Medicaid Estate Recovery: Strategies for Lien Avoidance in Incapacity and Long-Term Care Planning

Maximizing Protections for Real Property and Other Assets Against Lien Attachment and Loss

A live 90-minute CLE webinar with interactive Q&A


Thursday, September 13, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 24, 2018

or call 1-800-926-7926

This CLE webinar will discuss how elder law attorneys can help clients avoid placement of Medicaid and Medicare liens due to incapacity and in estate planning. The panel will address the Medicaid/Medicare estate recovery rights and strategies for minimizing or eliminating liens when considering long-term care for aging adults.

Description

Paying for long-term care remains a considerable challenge for aging adults and their families. Where the senior is no longer able to pay for care out of pocket, Medicaid acts as a backstop to cover the expenses for the duration of the patient's life.

Medicaid covers costs with an expectation of reimbursement after the patient's death, a transaction facilitated by the placement of a lien on the patient's remaining assets. Medicaid estate recovery allows for the seizure and sale of assets to satisfy the agency's lien-hold interest.

Elder law practitioners can help clients avoid this scenario by transferring ownership of clients' assets to trusts that are not accessible by Medicaid liens. Forming a “Medicaid trust” or “family asset protection trust,” for example, can preserve assets for loved ones.

When structured and timed correctly, the placement of a home or other assets into an irrevocable trust puts them out of reach of estate recovery measures. Other strategies like the transfer of property between spouse, life estate deeds, and transfers to caregiver children are also highly effective tools to protect assets otherwise subject to seizure.

Listen as our panel of experienced elder law attorneys provides critical insight on structuring these transactions, pitfalls to avoid in the process, and how to stack their benefits to maximize asset protection during and after long-term care.

READ MORE

Outline

  1. Overview of Medicaid estate recovery
    1. Medicaid Liens
    2. Assets subject to recovery
    3. Look-back periods
  2. Avoiding Medicaid's lien-hold interest
    1. Transfers to trust
    2. Transfers between spouses
    3. Life estate deeds
    4. Transfers to caregiver children
  3. Avoiding pitfalls

Benefits

The panel will review these and other critical issues:

  • What types of assets are best suited for transfer into a family asset protection or Medicaid trust?
  • What impact does the timing of asset transfers, whether to trusts, caregiver children, or spouses have on Medicaid estate recovery?
  • How does the look-back period operate when Medicaid estate recovery is at issue?

Faculty

Churnetski, Lauren
Lauren Churnetski
Atty
Parker Law Office

Ms. Churnetski's legal practice focuses on estate planning and elder law and includes representing clients on...  |  Read More

Parker, Lori
Lori J. Parker

Atty
Parker Law Office

Ms. Parker has been an attorney for more than 20 years, during which time she has litigated cases, published...  |  Read More

Whitenack, Shirley
Shirley B. Whitenack

Partner
Schenck Price Smith & King

As Co-Chair of the firm's Elder and Disability Law Practice Group, Ms. Whitenack devotes a substantial portion...  |  Read More

Live Webinar

Buy Live Webinar
Includes Early Discount Savings of $50 (through 08/24/18)

Live Webinar

$147

Buy Live Webinar & Recording
Includes special savings of $170 (through 08/24/18)

Live Webinar & Download

$224

Live Webinar & DVD

$224 + $9.45 S&H

Other Formats
— Anytime, Anywhere

Includes Early Discount Savings of $50 (through 08/24/18)

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$147

Download

48 hours after event

$147

DVD

10 business days after event

$147 + $9.45 S&H