Advanced Medicaid Planning Techniques: Trusts, Private Annuities, Spousal Transfers, Caregiver Agreements

Estate planning should be integrated with long-term care planning, otherwise, your client may end up with a great estate plan but little or no estate assets. Elder law practitioners should consider trusts to protect assets or income and qualify clients for Medicaid benefits. Counsel must be aware of the types of trusts available, and the particular provisions that are necessary and the optional provisions that may be useful.

Federal law prescribes the essential elements of private annuities and promissory notes that are compliant for Medicaid planning. Private annuities and promissory notes can create significant savings for clients who are faced with costly nursing home care. Elder law practitioners must know when and how to implement these strategies.

In many cases, a caregiver agreement can reduce countable assets and facilitate Medicaid eligibility by paying in advance for services that can be provided by a family member. The caregiver agreement must be compliant with Medicaid rules to be valid.

Listen as our authoritative panel of elder law attorneys guides you through crucial Medicaid planning techniques. The panel will discuss asset protection and pooled income trusts, private annuities and promissory notes, spousal transfers and refusals, and caregiver agreements.

1. Asset protection and pooled income trusts
2. Private annuities and promissory notes
3. Spousal transfers and spousal refusals
4. Caregiver agreements

The panel will review these and other key issues:

• How should counsel draft a trust that is compliant for Medicaid purposes?
• What types of annuities are considered a resource that must be used to pay for nursing home care?
• What requirements are generally imposed to make a private annuity Medicaid compliant?
• How should caregiver agreements be structured in order to be an acceptable means of facilitating Medicaid eligibility?