Handling Non-Medicaid Compliant Annuities in Medicaid Planning: Tax-Deferred vs. Immediate Annuities, Transfers, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Family Law
- event Date
Wednesday, October 25, 2023
- 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 webinar will provide elder law attorneys with a detailed analysis of methods for handling noncompliant annuities during the Medicaid planning process. The panelist will discuss annuity rules and exceptions; distinctions between immediate, deferred, and fixed annuities; asset and income regulations; and crafting and implementing Medicaid planning techniques when there are noncompliant annuities involved.
Faculty

Mr. Krause is the Vice President of Sales and Marketing at Krause Financial Services. He specializes in using annuities to accelerate eligibility for government benefits, expert testimony, and litigation support when attorneys are faced with a Medicaid denial, and the valuation and sale of non-compliant annuities. Mr. Krause has a passion for teaching elder law attorneys crisis Medicaid planning strategies for their senior clients. He speaks at legal forums throughout the country and often hosts our national KrauseCAST webinar series, which focuses on providing the knowledge and resources needed to be successful in the industry. Mr. Krause was also recently featured in the American Bar Association’s “Voice of Experience” publication, where he discussed how a Medicaid Compliant Annuity can help seniors in need of nursing home care.
Description
The use of an annuity can be a useful option for elder counsel when implementing methods to maintain Medicaid eligibility, so long as such annuity is Medicaid compliant. Counsel must recognize essential rules and exceptions in the use of Medicaid annuities and available methods of navigating issues that arise when an annuity is non-Medicaid compliant.
To be eligible for Medicaid, an applicant must have minimal financial resources or assets, which can vary by state. A Medicaid compliant annuity is a planning strategy that allows a Medicaid applicant to reduce their countable assets to be eligible for Medicaid. However, there are various types of annuities, which may or may not be compliant for purposes of Medicaid.
Elder law counsel must be conscious of non-Medicaid compliant annuities and their adverse effect on a client's Medicaid eligibility and consider available methods of dealing with such annuities during the Medical planning process. This may include the use of transfers, liquidation, and other strategies depending on certain factors.
Listen as Dale M. Krause, J.D., LL.M., President and CEO at Krause Financial Services, discusses rules and exceptions for using annuities with Medicaid and regulations applicable to various types of annuities; distinctions between immediate, deferred, and fixed annuities; asset and income regulations; and crafting and implementing Medicaid planning techniques when there are noncompliant annuities involved.
Outline
- Use of annuities in Medicaid planning
- Medicaid compliant annuity rules and exceptions
- Types of annuities and potential pitfalls
- Navigating non-Medicaid compliant annuities
- Best practices for elder counsel
Benefits
The panelist will discuss these and other key issues:
- What are the key considerations in the use of annuities in Medicaid planning?
- What are the Medicaid requirements and limitations impacting the use of annuities?
- What types of annuities are available as tools for elder law counsel?
- What options are available to maintain Medicaid eligibility if there is a non-Medicaid compliant annuity involved?
- What are the best practices for elder law counsel to ensure compliance and maintain Medicaid eligibility?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Substance Use and Child Custody: Alcohol, Drugs, and Emerging Cannabis Issues
Available On-Demand

Grandparent and Nonparent Custody and Visitation After Divorce or Death
Wednesday, April 2, 2025
1:00 PM E.T.

Medicaid Promissory Notes: Gift and DRA Compliant Transactions, Shielding Assets, Safe Harbors, Spousal Refusals
1:00 p.m. ET./10:00 a.m. PT

Divorce and Social Security Benefits: Navigating Complex Rules for Support
Available On-Demand
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery