Medicaid Planning and Guardianship: Securing Benefits When an Applicant Lacks Capacity; Best Practices for Counsel
Types of Administration; Support and Income Allowances, Real Estate, Gifting, Trusts, Estate Recovery, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Wednesday, March 8, 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 an in-depth analysis of Medicaid planning issues in the context of a guardianship. The panel will discuss the intersection of Medicaid and guardianship and proceedings, circumstances where guardians should consider Medicaid planning, transferring assets, utilizing trusts, and best practices for elder law attorneys.
Faculty

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.

Ms. Kefalas Dudek's practice focuses on elder law, Medicaid, estate planning, estates/trust administration, probate, administrative law and disability advocacy. Her practice includes preparing estate planning documents, including SNTs; representation in Medicaid hearings; and the administration of estates, trusts, guardianships and conservatorships. Ms. Kefalas Dudek writes and lectures on SNTs.

Mr. Einhart focuses on the areas of Elder Law, Estate Planning, Special Needs Planning, Trust and Estate Administration, Guardianship, Tax Law, and Real Estate.
Description
Incapacity, in one form or another, frequently occurs for the elderly. When properly structured and executed, guardianship can shield seniors and their families from potential harm due to waning physical or mental capability. However, Medicaid planning in the context of guardianship adds layers of complexity and attorneys must consider a variety of factors for moving assets or converting existing countable assets into Medicaid-exempt assets.
A guardianship is a court-supervised process for transferring an incapacitated individual's rights to someone capable of providing supervision regarding care or finances. The procedures involved can be daunting and require a careful analysis of the risks and factors requiring the need for court intervention, required court evaluations and hearings, and other essential matters that impact the proceedings.
For purposes of Medicaid applications and planning methods, the guardian must work closely with counsel in order to effectively protect the assets and financial interests of clients. Elder law attorneys must have a complete understanding of these protective proceedings and their impact on Medicaid planning.
Listen as our panel discusses the intersection of Medicaid and guardianship and proceedings, circumstances where guardians should consider Medicaid planning, transferring assets, utilizing trusts, and best practices for elder law attorneys.
Outline
- Overview of guardianship and rules
- Intersection of Medicaid planning and guardianships
- Best practices for elder law attorneys
Benefits
The panel will discuss these and other key issues:
- What are the key issues and requirements for establishing guardianships?
- What impact does guardianship have other aspects of elder law planning?
- What are the circumstances where guardians should consider Medicaid planning?
- What are the challenges for Medicaid planning in the context of a guardianship?
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