Learn how to draft an irrevocable trust to ensure your clients VA and Medicaid benefits are protected.
The average cost of long-term care in the United States ranges from $3,628 per month in assisted living to $7,698 per month for skilled nursing (U.S. Department of Health and Human Services, LongTermCare.gov). Approximately seventy percent of someone aged 65 will need long-term care at some point in their remaining years. Many attorneys are asked by clients how they can protect their assets against long-term care expenses. While they may offer an irrevocable trust as a solution, many practitioners are not well-versed in the plethora of rules and regulations for VA and Medicaid benefits and thus do not recognize the elements this trust should contain; nor do they understand how creating this trust will affect VA and/or Medicaid benefits. This topic will help practitioners understand and explain the elements of a properly drafted irrevocable trust created for the purpose of qualifying for VA and/or Medicaid benefits. It will also explain the VA and Medicaid rules and regulations and how they overlap with an irrevocable trust in this context so that practitioners can recognize when this kind of trust might be appropriate.
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Agenda
Eligibility Requirements of Medicaid and VA Benefits
- Medicaid
- Medical
- Medicaid Bed
- Financial
- VA
- Assistance of 3rd Party to Complete Activities of Daily Living
- Net Worth
- Income for Veterans Affairs Purposes (IVAP)
Elements of an Irrevocable Trust in This Context
- Irrevocable
- Grantor Trust
- Tax Implications
- Steppedup Basis
- Trustee Powers
- Beneficiary(ies)
- Interested Beneficiary
- Miscellaneous Considerations
- Occupancy Agreement for House
- Pro Rata Shares
- Advances Counted Against Beneficiary
- Assets That Cannot Be Transferred/Retitled
How This Relates to Medicaid and Va Benefits
- Planning Techniques
- Irrevocable Trust as Transfer Subject to Penalty
- Timeline for Best Results
- Disclosing the Trust to VA and Medicaid
- When You Are Required
- Explanation for Caseworker
- Working With Financial Institutions and Financial Advisors
- Properly Titling Assets
- Correct 1099's
- Tax Returns 1040 vs 1041
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Why Lorman?
Over 37 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
This course was last revised on December 5, 2019.
Call 1-866-352-9540 for further credit information.
No Credit AvailableThis program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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
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 37 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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