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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Wednesday, November 19, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$197.00
$167.45
Save $29.55

Discount expires 10/2/25

This course is $0 with these passes:

CLE
ALL

This CLE course will guide elder law counsel on the use of promissory notes to ensure Medicaid eligibility and effective long-term care planning. The panel will discuss tactics to avoid challenges in structuring gift and Deficit Reduction Act (DRA) compliant transactions, shielding assets, and converting to income while preserving Medicaid eligibility.

Faculty

Sandra M. Schildgen
Partner
Wilson & Wilson Estate Planning & Elder Law, LLC

Ms. Schildgen is a go-to resource for families looking to preserve their assets and plan for the future. Her experience in the strategic aspects of tax planning, proper estate planning and administration, and Medicaid planning consistently helps clients avoid litigation and future problems. Ms. Schildgen has helped countless clients navigate Medicaid’s complex rules and regulations to achieve the most favorable results and obtain benefits without spending down their savings. She also assists family members in administering a wide range of estate planning matters, including probate, guardianship and trust issues, guiding them to ensure that each fulfills their fiduciary duties and properly administers assets for their beneficiary or ward.

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Description

Elder law clients rarely plan for Medicaid asset protection. A sudden illness requiring immediate long-term care placement or a degenerative diagnosis that will require extended care can devastate a family. A critical method in protecting income and assets as permitted under the law is the use of promissory notes.

Before the enactment of the DRA, a Medicaid applicant could provide documentation to show that a transaction was a loan rather than a gift at the time of the Medicaid application, resulting in such amounts not being counted as an asset. The DRA imposed restrictions on the use of promissory notes, loans, and mortgages and such transactions must be DRA-compliant to avoid hindering Medicaid eligibility.

A Medicaid applicant's assets and income must meet certain state-mandated levels, and any transfer of assets can't be subject to the penalty period once an application is submitted. The applicant must prove that any transfers were for reasons other than qualifying for Medicaid to avoid a penalty for transferring assets without receiving fair value in return.

Listen as our distinguished panel experienced in Medicaid asset preservation reviews the eligibility requirements and discusses best practices in using promissory notes and other approaches to preserve the assets of senior clients facing a Medicaid eligibility crisis.

Outline

I. Analyzing the promissory note strategy

II. Structuring gift and DRA-compliant transactions and key provisions

III. Securing DRA promissory note safe harbor

IV. Using promissory notes for community spouses

V. Promissory notes and spousal refusal

Benefits

The panel will review these and other key issues:

  • What are the benefits of using a qualified promissory note for Medicaid planning and long-term care?
  • What are the key considerations in structuring gift and DRA-compliant transactions and key promissory note provisions?
  • How can applicants secure DRA promissory note safe harbor?
  • How can qualified promissory notes be used with community spouses?
  • Using promissory notes and the impact of spousal refusal options
  • Best practices to convert clients' Medicaid-countable assets to exempt assets