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Medicaid Planning for the Elder Law Attorney

Learn more about the Medicaid planning strategies that can benefit your potential clients.

The elderly population, those aged 65 and older, is the fastest-growing group of the population in the United States. Accordingly, many lawyers find themselves needing or wanting to incorporate elder law into their practice to meet the needs of this client population. However, diving into the world of Medicaid should not be done lightly as the complicated overlap between state and federal law and regulation and the nuances of each state's program are complex and ever-changing. This course will help practitioners looking to add elder law to their practice, or those looking to increase their skills in an already established practice, learn more about the Medicaid planning strategies that can benefit their potential clients. We will discuss the general eligibility rules of Medicaid programs and dive into the various planning techniques that will make clients eligible for Medicaid, reduce the risk of estate recovery, and protect assets.

74 minutes
Course Exam
Certificate of Completion
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

General Medicaid Rules and Programs

  • Overlap Between State and Federal Rules
  • 209(b) States
  • Different Kinds of Medicaid Programs Available

Nursing Home Medicaid Rules

  • Exempt Resources
  • Nonexempt Resources
  • Special Provisions for Married Applicants
  • Lookback Period and Transfer Penalty

Asset Planning Strategies

  • Spenddown Techniques
  • Penalty-Free Transfers: Medicaid-Compliant Annuities
  • Penalty-Free Transfers: Promissory Notes
  • Planning With Annuities and Promissory Notes
  • Penalty-Free Transfers: Trusts
  • Irrevocable Trusts
  • Life Estates

Income Planning for Medicaid Eligibility

  • Miller Trusts
  • Name on the Check Rule
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 5, 2022.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.2
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.2 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.2
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.2 hours of Distance Education credit.
     
  • MO CLE 1.3
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.2
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.2 credit hours.
     
  • NC CLE 1.25
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours.
     
  • ND CLE 1.25
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
     
  • NH MCLE 1.2
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 73 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.2
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.2 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Skills 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.25
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.25 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.22
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.22 hours of credit.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • NALA 1.22
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.22 hour(s).
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.0
     
  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • MO CLE 1.3
     
  • NJ CLE 1.3
     
  • NM CLE 1.0
     
  • NY CLE 1.0 including Skills 1
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

T. Nikki Mitchell

T. Nikki Mitchell

Mitchell, Brown & Associates, LLC

  • Partner with Mitchell, Brown & Associates, LLC
  • Practice emphasizes all aspects of elder law, including estate planning, long-term care planning, Medicaid planning, asset protection, Medicare, incapacitation issues, end-of-life decision making, guardianship and conservatorship estates, probate, special needs planning and special needs trust, and veteran’s benefits
  • Certified Elder Law Attorney as certified by the National Elder Law Foundation
  • Member of the Missouri Bar; National Association of Elder Law Attorneys (NAELA); Missouri Bar Probate and Trust Committee, vice-chair of Subcommittee on Diversity; Bar Association of Metropolitan St. Louis (BAMSL); associate member of the Special Needs Alliance; and vice-chair, Missouri Bar Elder Law Committee
  • VA accredited attorney
  • Publications include Guardianships and Conservatorships 2nd Ed. Guidebook, Missouri Bar; Missouri Elder Law, 2020-2021 ed. and 2021-2022 ed., Thomson Reuters; Missouri Elder Law Deskbook, 3rd ed., Chapters on Guardianships and Conservatorships and MO HealthNet, Missouri Bar; Educating Children with Dual Cognitive and Emotional Disabilities, Maryland Bar Journal, Nov. 5, 2015, and Cage-Free, Free-Range, Organic? Why Animal Welfare Depends on a New Government Labeling Scheme, New York State Bar Assn Committee on Animals and the Law, Nov. 15, 2012
  • J.D. degree, University of Maryland School of Law; B.A. degree, University of Texas, Arlington
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409657
Published 2022
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