About the Course
Introduction
This CLE course will provide counsel with an in-depth look at the use of personal services contracts as an asset spend-down technique for Medicaid qualification. The panel will discuss the importance of having a personal care agreement in place, how to select the most suitable form of payment for services, taxation issues, and more.
Description
Qualifying for Medicaid often requires accelerating expenditures, or spending down, to reduce an applicant's countable resources to an eligible level. The use of a personal services contract is one technique for spending down assets. Under a properly drafted contract, the elder client will receive fair value for services provided, and the amount to be paid under the agreement is excluded when determining Medicaid eligibility.
Personal services contracts in this context raise unique considerations. Elders and their family members who enter such contracts may not realize that payments to the caregiver are taxable income. The form of payment the caregiver will receive depends upon the types of assets the elder has and how liquid or marketable those assets are. Further, elders may be concerned that the caregiver--often a family member--may not provide the services agreed to.
Counsel with elderly clients applying for Medicaid must ensure that the services provided by the caregiver are fairly and reasonably valued to avoid triggering a transfer penalty. In addition, counsel must understand the implications of various forms of payment, whether assets should be transferred to a third party under an escrow arrangement, and the tax implications of such decisions.
Listen as our expert panel discusses strategies for structuring family caregiver contracts, forms of payment for services, when to consider an escrow agreement, and other important considerations.
Presented By
Mr. Arkin is an elder law attorney with Solkoff Legal, P.A. in Delray Beach, serving older adults, people with disabilities, and the caregivers and families who look after them throughout Palm Beach County and South Florida. His practice covers the full range of elder law: Medicaid and long-term care planning, asset protection, special needs planning and special needs trusts, estate planning with wills and trusts, incapacity planning and advance directives, public benefits, and veterans benefits. Since 2020 Mr. Arkin has presented ten national CLE webinars for Strafford on Medicaid planning, personal services contracts, income-only trusts, special needs trusts and the SECURE Act, and VA pension planning. He teaches regularly for Elder Law College, where he is an Ambassador and faculty member, and has spoken for The Florida Bar Elder Law Section, the St. Thomas University Elder Law Symposium, and The Arc of Florida. Mr. Arkin serves on the Executive Committee of the Academy of Florida Elder Law Attorneys (AFELA), where he served as Treasurer in 2025 and serves as Secretary in 2026, and co-chaired AFELA’s 2026 Sam Boone Mid-Year UnProgram & Legislative Update. He is also a member of the leadership of the Florida Joint Public Policy Task Force for the Elderly and Disabled, the joint legislative effort of AFELA and the Elder Law Section of The Florida Bar.
Mr. Lampert is a Florida Bar Board Certified tax lawyer in private practice in West Palm Beach, Florida where he concentrates his practice in the areas of taxation and business and estate planning and administration, with an emphasis on tax controversy matters.
Mr. Nuefeld is the Managing Partner of the firm. Jason serves as Lead Attorney for Florida Medicaid Planning, Asset Protection Planning and Government Benefits Preservation Planning client matters. He is a sought out guest lecturer to both attorneys and the general public. Mr. Neufeld frequently publishes articles online and in Florida elder law publications. He is the author of the book: How to Get Medicaid to Pay for Some or All of Your Long-Term Care Expenses. Mr. Neufeld is committed to providing practical education to all Floridians through these publications and on his YouTube Channel. He is also proud to serve on the Board of Directors and Executive Committee of the Academy of Florida Elder Law Attorneys.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, September 11, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Family caregiver contracts: overview
- Valuation of services provided
- Form of payment
- Installments vs. lump sum
- Escrow agreements
- Other considerations
- Tax implications
- Interplay with an existing estate plan
- Caregivers who are receiving needs-based government benefits
The panel will review these and other issues:
- What are the key benefits to Medicaid applicants of using a personal services contract?
- How can the parties determine a fair rate to pay on a personal services contract?
- What restrictions and risks are associated with personal services contracts?
- Can a caregiver who is receiving government benefits be paid as a caregiver on a personal services contract without jeopardizing the caregiver's benefits?
Related Courses
Powers of Attorney After Incapacity: Medicaid Planning Authority, Gifting and Trust Powers, Agent Liability
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Medicaid Appeals and Fair Hearings: Challenging Eligibility Denials, Transfer Penalties, and Benefit Reductions
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