Structuring Advance Directives and Medicaid Asset Protection Trusts

Coordinating Provisions of the Power of Attorney, Trusts and Will

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

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Conducted on Tuesday, August 20, 2013

Recorded event now available

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Course Materials

This CLE program will explore the best use of advance directives and trusts in fashioning a long-term care plan for the elderly client. The panel will discuss best practices for coordinating provisions of the power of attorney, trusts and the will.

Description

A will is not enough to protect a client’s assets when facing long-term care needs. Counsel should develop a plan that includes advance directives (a power of attorney, healthcare directive and disposition of remains document) and discuss the viability of long-term care and life insurance.

Counsel should consider a Medicaid Asset Protection Trust and a testamentary Supplemental Needs Trust to preserve a client’s funds, provide for a surviving spouse, and fulfill estate planning objectives. Provisions of the power of attorney, trusts and will must be coordinated.

Creating a comprehensive and flexible long-term care plan before the need for long-term care arises is the best way to preserve an elder client’s assets from the cost of long-term care.

Listen as our panel of attorneys experienced in working with elderly clients reviews developing an effective long-term care plan for clients by using both preventive documents (a Medicaid Asset Protection Trust and/or a testamentary Supplemental Needs Trust) and advance directives (power of attorney, healthcare directives and a disposition of remains document).

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Outline

  1. Long-term care planning considerations
  2. Advance directives
  3. Medicaid Asset Protection Trust
  4. Testamentary Special Needs Trust
  5. Long-term care and life insurance

Benefits

The panel will review these and other key questions:

  • How can correctly drafted advanced directives facilitate the implementation of a well-designed long-term care plan?
  • How should counsel draft a power of attorney to allow for the execution and funding of a Medicaid Asset Protection Trust?
  • How can practitioners draft a Medicaid Asset Protection Trust with maximum flexibility for changing circumstances?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Philip A. Di Giorgio
Philip A. Di Giorgio
Partner
Pierro Law Group

He practices in the areas of Estate Planning, Estate and Trust Administration and Estate and Gift Taxation. He has...  |  Read More

Aaron E. Connor
Aaron E. Connor
Pierro Law Group

He is a seasoned litigator, currently concentrating in the areas of guardianship, will/trust contests and estate...  |  Read More

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