Medicaid Planning Techniques: Trusts, Private Annuities, Spousal Transfers, Caregiver Agreements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, November 8, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss some of the more common techniques for Medicaid planning, including asset protection and pooled income trusts, private annuities and promissory notes, spousal transfers, and caregiver agreements.

Description

Estate planning should be integrated with long-term care planning, otherwise your client may end up with a great estate plan but little or no estate assets. Elder law practitioners should consider trusts to protect assets or income, and qualify clients for Medicaid benefits. Counsel must be aware of the types of trusts available, and the particular provisions that are necessary and the optional provisions that may be useful.

Federal law prescribes the essential elements of private annuities and promissory notes that are compliant for Medicaid planning. Private annuities and promissory notes can create significant savings for clients who are faced with costly nursing home care. It is important for Elder Law practitioners to know when and how to implement these strategies.

In many cases, a caregiver agreements can be a good way to reduce countable assets and facilitate Medicaid eligibility, by paying in advance for certain services that can even be provided by a family member. In order to be effective for this purpose, the caregiver agreement must be compliant with Medicaid rules.

Listen as our authoritative panel of elder law attorneys guides you through key Medicaid planning techniques. The panel will discuss asset protection and pooled income trusts, private annuities and promissory notes, spousal transfers and refusals, and caregiver agreements.

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Outline

  1. Asset protection and pooled income trusts
  2. Private annuities and promissory notes
  3. Spousal transfers and spousal refusals
  4. Caregiver agreements

Benefits

The panel will review these and other key issues:

  • How should counsel draft a trust that is compliant for Medicaid purposes?
  • What types of annuities are considered a resource that must be used to pay for nursing home care?
  • What requirements are generally imposed to make a private annuity Medicaid compliant?
  • How should caregiver agreements be structured in order to be an acceptable means of facilitating Medicaid eligibility?

Faculty

Cutner, David
David A. Cutner

Lamson & Cutner

Mr. Cutner is selected by Martindale-Hubbell and American Lawyer Media as a “Top Rated Lawyer for Estate...  |  Read More

Kelim, Kyla
Kyla G. Kelim

Atty
Aging in Alabama

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

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