Medicaid Crisis Planning Techniques: Leveraging DRA Promissory Notes, Medicaid Compliant Annuities, and CSRAs

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Wednesday, January 22, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will equip elder law attorneys with real-world, practical techniques to protect the assets of senior clients facing a Medicaid eligibility crisis due to a health condition that requires unaffordable nursing home care. The panel will outline strategies for clients to preserve assets using tools such as immediate annuities, Deficit Reduction Act (DRA) promissory notes, and the Community Spouse Resource Allowance (CSRA).
Faculty

Ms. Fowler-Cruz's elder law practice focuses on long-term care planning, asset preservation strategies, Medicaid applications, disability planning, utilizing conservatorships/guardianship and special needs trusts. Her estate planning practice includes the creation of wills, trusts, and advance directives. She also handles probate administration. She is a Certified Elder Law Attorney by the National Elder Law Foundation and is accredited to practice before the Department of Veterans Affairs. She is a frequent speaker on elder law issues.

Ms. Kelim focuses her practice on proactive planning involving those in need concerning Medicaid, Medicare and Social Security. She is a nationally recognized speaker on nursing home Medicaid, Medicare and Social Security disability matters. She launched Aging in Alabama to help address the crisis in health care coverage facing seniors and their caregivers.
Description
Elder law clients rarely plan for Medicaid asset protection. A sudden illness requiring immediate long-term care placement or a degenerative diagnosis that will require extended care can devastate a family. Even at this critical point, there are Medicaid planning strategies that can protect as much income and assets as permitted under the law.
Fundamental approaches include making countable assets unavailable through the use of Medicaid-qualifying annuities, qualified promissory notes, and leveraging the use of the CSRA.
The panel will outline best practices for meeting the stringent requirements for short-term annuities to escape being countable assets and subject to transfer rules according to the Medicaid standards.
Listen as our distinguished panel of attorneys experienced in Medicaid asset preservation reviews the eligibility requirements and discusses the most effective current strategies and approaches to preserving the assets of senior clients facing a Medicaid eligibility crisis.
Outline
- Medicaid compliant annuities
- DRA qualified promissory notes
- Leveraging the CSRA
Benefits
The panel will review these and other key issues:
- Best practices to convert a client's Medicaid-countable assets to exempt assets
- Use of the CSRA, Medicaid qualified annuities, and DRA qualified promissory notes for the client and spouse's benefit
- How CSRA, annuities, and DRA promissory notes interact with each other in crisis planning
- Requirements for annuities and promissory notes to meet Medicaid standards for exclusion from countable assets
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