BarbriSFCourseDetails

Course Details

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

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

  1. Overview of guardianship and rules
  2. Intersection of Medicaid planning and guardianships
  3. 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?