Drafting Special Needs Trusts and Medicaid Planning Seminar Materials

Publication Date: February 2015
Available Formats: Electronic (searchable PDF via flash drive, CD, or immediate download)
Pages: 314

Information

Topics Covered:

  • Special Needs Trusts (SNTs)
    • The Basics
    • SNT and Malpractice
    • Available Public Benefits for Persons With Disabilities
    • Drafting a (d)(4)(A) SNT
    • Drafting a (d)(4)(c) SNT
    • Distributions and Disbursements from SNTs
    • Administration and Taxation of SNTs
    • Litigation Aspects of Establishing SNTs
    • Common Problems in SNT Administration
    • SNT Forms
  • Medicaid Planning
  • Medicaid Appendix

This comprehensive, stand-alone publication is direct from a February 2015 seminar sponsored by Virginia CLE® in cooperation with the Section on Criminal Law of the Virginia State Bar.

Drafting Special Needs Trusts

You know what special needs trusts are: These trusts permit beneficiaries to maintain eligibility for needs-based government benefits, such as Medicaid and Supplemental Security Income (SSI), and permit beneficiaries to use the trust funds for goods and services not paid for by these programs.

You know who can be the beneficiaries of special needs trusts:

  • Children or adults with disabilities
  • Elderly persons (in certain circumstances)

You know when to use special needs trusts: Special needs trusts are used to protect assets of a beneficiary, or assets of a third party for the benefit of a beneficiary, that would otherwise make the beneficiary ineligible for needs-based government benefits.

Now learn how to draft special needs trusts:

  • Basic provisions that should be included in all special needs trusts
  • Drafting differences between self-settled and third-party special needs trusts
  • Troublesome language to avoid
  • Designating a trustee
  • Administration tips

Medicaid Planning

Are your clients concerned about how they are going to pay for long-term care in a nursing home? Unless they are able to afford more than $50,000–$100,000 a year to pay for the nursing home, they will need to do some long-range planning.

Are they worried about the level of care Medicaid will provide?

Are they worried about impoverishing the non-institutionalized spouse?

Review the rules for Medicaid eligibility and learn how to put them to use in fact-specific situations. Listen as Tim Palmer demonstrates specifically how to use the rules to for asset and income preservation allowed under Medicaid law. He will use different scenarios and discuss the Medicaid planning options available for each.

 


Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
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Table of Contents

TABLE OF CONTENTS

I. SPECIAL NEEDS TRUSTS

Sandra L. Smith

I. SPECIAL NEEDS TRUSTS BASICS

II. SPECIAL NEEDS TRUSTS AND MALPRACTICE

III. AVAILABLE PUBLIC BENEFITS FOR PERSONS WITH DISABILITIES

IV. DRAFTING A (d)(4)(A) SPECIAL NEEDS TRUST

V. DRAFTING A (d)(4)(c) SPECIAL NEEDS TRUST

VI. ALTERNATIVES TO A (d)(4)(A) OR (d)(4)(C) SPECIAL NEEDS TRUST

VII. DRAFTING A THIRD PARTY SPECIAL NEEDS TRUST

VII. LITIGATION ASPECTS OF ESTABLISHING SNTS

VIII. DISTRIBUTIONS AND DISBURSEMENTS FROM SNTS

IX. ADMINISTRATION AND TAXATION OF SPECIAL NEEDS TRUSTS

X. LITIGATION ASPECTS OF ESTABLISHING SNTS

XI. BIBLIOGRAPHY OF SPECIAL NEEDS PLANNING RESOURCES

COMMON PROBLEMS IN SPECIAL NEEDS TRUST ADMINISTRATION
Kelly A. Thompson

I. HOUSING

II. VEHICLES

III. VACATIONS

IV. CAREGIVERS

V. FAMILY AS CAREGIVERS

VI. CASH NEEDS

SNT FORMS


SELF-SETTLED SPECIAL NEEDS TRUST FORM

THIRD PARTY SPECIAL NEEDS TRUST FORM

II. MEDICAID PLANNING 201

Timothy K. Palmer

I. INTRODUCTION

II. MEDICAID ELIGIBILITY

III. COMMUNITY SPOUSE RESOURCE ALLOWANCE

IV. MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE

V. PENALTY PERIODS

VI. MEDICAID PLANNING

VII. THE MEDICAID APPLICATION

EXAMPLE 1: MEDICAID PLANNING, UNMARRIED INDIVIDUAL, NO
IMMEDIATE APPLICATION

EXAMPLE 2: MEDICAID PLANNING, UNMARRIED INDIVIDUAL, IMMEDIATE
APPLICATIONEXAMPLE 3: MEDICAID PLANNING, MARRIED INDIVIDUAL, IMMEDIATE
APPLICATION, COUNTABLE ASSETS LESS THAN TWICE THE CSRA

EXAMPLE 4: MEDICAID PLANNING, UNMARRIED INDIVIDUAL, IMMEDIATE
APPLICATION, COUNTABLE ASSETS MORE THAN TWICE THE CSRA

EXAMPLE 5: MEDICAID PLANNING, UNMARRIED INDIVIDUAL, IMMEDIATE
APPLICATION, COUNTABLE ASSETS MORE THAN TWICE THE CSRA WITH
SIGNIFICANT TAX IMPLICATIONS

MEDICAID APPENDIX

Long-Term Care Planning Questionnaire (Married)

12VAC30-60-303 Preadmission Screening Criteria

Medicaid Manual -TOC

Chapter S11 RESOURCES FOR AGES, AND DISABLED (ABD):
    Subchapter 10 – Resources Generally
    Identifying Resources
    Resource Exclusions
    Types of Countable Resources

Chapter 14 LONG TERM CARE:
    Subchapter 10 – General Rules for Long Term Care
    Pre-Admission Screening
    Facility Care 110
    Community-Based Care
    Transfer of Assets
    LTC Financial Eligibility
    Patient Pay

COVER VIRGINIA - Application for Health Coverage & Help Paying Costs

Authors

Sandra L. Smith

Kelly A. Thompson

Timothy K. Palmer

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