Medicaid Planning and Guardianship: Securing Benefits When an Applicant Lacks Capacity; Best Practices for Counsel

Types of Administration; Support and Income Allowances, Real Estate, Gifting, Trusts, Estate Recovery, and More

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, March 8, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, February 10, 2023

or call 1-800-926-7926

This CLE webinar will provide elder law attorneys an in-depth analysis of Medicaid planning issues in the context of a guardianship. The panel will discuss the intersection of Medicaid and guardianship and proceedings, circumstances where guardians should consider Medicaid planning, transferring assets, utilizing trusts, and best practices for elder law attorneys.

Description

Incapacity, in one form or another, frequently occurs for the elderly. When properly structured and executed, guardianship can shield seniors and their families from potential harm due to waning physical or mental capability. However, Medicaid planning in the context of guardianship adds layers of complexity and attorneys must consider a variety of factors for moving assets or converting existing countable assets into Medicaid-exempt assets.

A guardianship is a court-supervised process for transferring an incapacitated individual's rights to someone capable of providing supervision regarding care or finances. The procedures involved can be daunting and require a careful analysis of the risks and factors requiring the need for court intervention, required court evaluations and hearings, and other essential matters that impact the proceedings.

For purposes of Medicaid applications and planning methods, the guardian must work closely with counsel in order to effectively protect the assets and financial interests of clients. Elder law attorneys must have a complete understanding of these protective proceedings and their impact on Medicaid planning.

Listen as our panel discusses the intersection of Medicaid and guardianship and proceedings, circumstances where guardians should consider Medicaid planning, transferring assets, utilizing trusts, and best practices for elder law attorneys.

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Outline

  1. Overview of guardianship and rules
  2. Intersection of Medicaid planning and guardianships
  3. Best practices for elder law attorneys

Benefits

The panel will discuss these and other key issues:

  • What are the key issues and requirements for establishing guardianships?
  • What impact does guardianship have other aspects of elder law planning?
  • What are the circumstances where guardians should consider Medicaid planning?
  • What are the challenges for Medicaid planning in the context of a guardianship?

Faculty

Einhart, Eric
Eric J. Einhart

Partner
Russo Law Group

Mr. Einhart focuses on the areas of Elder Law, Estate Planning, Special Needs Planning, Trust and Estate...  |  Read More

Kefalas Dudek, Patricia
Patricia E. Kefalas Dudek

Principal
Patricia E. Kefalas Dudek & Associates

Ms. Kefalas Dudek's practice focuses on elder law, Medicaid, estate planning, estates/trust administration,...  |  Read More

Kelim, Kyla
Kyla G. Kelim

Attorney
Aging in Alabama

Ms. Kelim focuses her practice on proactive planning involving those in need concerning Medicaid, Medicare and Social...  |  Read More

Attend on March 8

Early Discount (through 02/10/23)

Cannot Attend March 8?

Early Discount (through 02/10/23)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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