• videocam Live Webinar with Live Q&A
  • calendar_month July 8, 2026 @ 1:00 PM ET/ 10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Family Law
  • schedule 90 minutes

Structuring Medicaid Asset Protection Trusts: Medicaid Eligibility, Look-Back Rules, Basis, Gift Tax Rules

About the Course

Introduction

This CLE course will provide elder law counsel in-depth guidance on structuring Medicaid asset protection trusts (MAPTs) to benefit their clients' Medicaid eligibility and tax planning needs. Our panel will discuss common pitfalls of utilizing trusts in elder law, look-back requirements, income tax basis, gift tax rules, and more.

Description

A MAPT is an effective tool for counsel to older clients. If properly structured and funded, MAPTs can fulfill clients' long-term care and tax planning needs where their assets may exceed Medicaid limits but remain insufficient to self-fund long-term care expenses.


Elder law counsel must balance the intricacies involved in drafting and implementing MAPTs, with the precise Medicaid requirements including the look-back periods. Certain assets intended to be left behind for children or a spouse can impact Medicaid eligibility. A trust can protect assets from a Medicaid spend-down so long as neither the applicant nor spouse has improper access to the principal or is named as the trustee in a manner contrary to the Medicaid requirements.


Elder law counsel must also understand how MAPTs intersect with estate, gift, and income taxes, including grantor trust treatment, basis planning, gift issues, and more.


Listen as our distinguished panel guides counsel to effectively structure MAPTs for the purposes of maximizing Medicaid eligibility while avoiding common pitfalls.

Presented By

Paul W. Hamilton
Attorney
Hamilton Trust, Estate & Elder Law

Mr. Hamilton is an Attorney at Hamilton Trust, Estate & Elder Law. He is licensed to practice in both state and federal courts throughout Georgia. 

Mike Menninger
Owner, Attorney
Houck Menninger Law, LLC

Mr. Menninger focuses his practice on estate planning, including asset protection, working with farmers and small business owners, planning for special needs, and planning for same-sex couples. He also has an extensive background in estate, trust, and guardianship litigation. Mr. Menninger is committed to offering clients both legal knowledge and compassion in planning for their families and future. He understands that individuals and families face important decisions when considering everything they have accumulated through the years and everyone they love. Mr. Menninger's practice approach is to work closely with his clients to allay fears and accomplish goals with personal support and the clear information needed to properly plan. Licensed in Ohio, Indiana, and Kentucky, He is able to serve clients in the Southwest Ohio region and beyond. Mr. Menninger has been named a Rising Star by Ohio's Super Lawyers.

Howard Weyers
Attorney
Elder and Family Law of Mid-Michigan, PC

Mr. Weyers is a graduate of Okemos High School, Spring Arbor University, and Western Michigan Thomas M. Cooley Law School and has lived and worked in Mid-Michigan since 1973. After a 20-year career as Michigan-licensed life and health insurance agent working in the employee benefits industry wherein Mr. Weyers served in several capacities including Chief Executive Officer, at WEYCO INC. His practice areas include wills, trusts, probate, and long-term care, and special needs planning.

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


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, July 8, 2026

  • schedule

    1:00 PM ET/ 10:00 AM PT

I. Key challenges of structuring MAPTs

II. Look-back rules

III. Structuring key provisions

IV. MAPT tax benefits and potential issues

A. Estate

B. Income

C. Gift


The panel will review these and other key issues:

  • How is a MAPT beneficial for Medicaid eligibility purposes?
  • How are the various and specific Medicaid eligibility requirements integrated with the MAPT?
  • How does the MAPT intersect with estate, income, and gift taxes?
  • What are the necessary drafting techniques to maximize benefits and avoid pitfalls?