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Structuring Medicaid Asset Protection Trusts: Medicaid Eligibility, Look-Back Rules, Basis, Gift Tax Rules

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with 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.

Conducted on Wednesday, November 15, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will provide elder law counsel in-depth guidance on structuring Medicaid asset protection trusts (MAPTs) to benefit their clients' Medicaid eligibility and tax planning needs. Our panel will discuss common pitfalls of utilizing trusts in elder law, look-back requirements, income tax basis, gift tax rules, and more.


A MAPT is an effective tool for counsel to elderly clients. If properly structured, MAPTs can fulfill clients' nursing care and tax planning needs whose assets and income disqualify them from Medicaid but aren't sufficient to pay nursing home expenses.

Elder law counsel must balance the intricacies involved in drafting and implementing MAPTs, with the precise Medicaid requirements to include the look-back periods. Certain assets intended to be left behind for children or a spouse can impact Medicaid eligibility. A trust can protect assets from a Medicaid spend-down so long as neither the applicant nor spouse have direct access to the principal or is named as the trustee.

Elder law counsel must also understand how MAPTs intersect with estate, gift, and income taxes.

Listen as our distinguished panel guides counsel to effectively structure MAPTs for the purposes of maximizing Medicaid eligibility.



  1. Key challenges of structuring MAPTs
  2. Look-back rules
  3. Structuring key provisions
  4. MAPT tax benefits and potential issues
    1. Estate
    2. Income
    3. Gift


The panel will review these and other key issues:

  • How is a MAPT beneficial for Medicaid eligibility purposes?
  • How are the various and specific Medicaid eligibility requirements integrated with the MAPT?
  • How does the MAPT intersect with estate, income, and gift taxes?
  • What are the necessary drafting techniques to maximize benefits?


Houck, Rachael
Rachael A. Houck, J.D.

Houck Menninger Law

Ms. Houck’s practice centers around elder law, estate planning, and probate.

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Menninger, Michael
Michael J. Menninger

Houck Menninger Law

Mr. Menninger focuses his practice on estate planning, including asset protection, working with farmers and...  |  Read More

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