Drafting Special Needs Trusts and Medicaid Planning (Online Seminar)

MCLE Credits: 6.0
Ethics Credits Included: 0.0 (GAL Incap: 6.0)

MCLE Credit: 6.0 (Ethics: 0.0; GAL Incap: 6.0)
Live-Interactive Credit: 0.0
Price: $295 (Includes a downloadable audio version.)
Viewable Through: 3/31/2018


A pre-recorded streaming VIDEO replay of the entire March 2015 live seminar, Drafting Special Needs Trusts and Medicaid Planning.

GAL for Incapacitated Persons Continuing Credits: 6.0

Note: Your GAL certificate may be found at the front of your written materials.

Both sessions are intermediate-level, although the basics are reviewed in each.

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.

For example, Scenario #3:

75-year-old husband and 70-year-old wife. They own a house assessed at $200,000. Wife has an IRA worth $45,000. They have joint checking, savings, and other liquid assets worth $60,000. They own a hunting cabin in Surry County, Virginia, that is assessed at $40,000. Husband has $1,200 per month Social Security income and Wife has $500 per month Social Security income. Husband just had a stroke and likely will require continuous nursing home care for an extended period of time. They have 3 children. One lives locally and none of the children have any significant complications.




Timothy K. Palmer,
Timothy K. Palmer, P.C. / Suffolk

Timothy K. Palmer is a recognized authority on elder law in Virginia and has developed an extensive understanding of elder law issues and solutions. He received his J.D. from The College of William and Mary School of Law, where he was a member of the Moot Court and Law Review. A Certified Public Accountant, Mr. Palmer has the academic background to address the most complicated legal and tax issues affecting the elderly.

Sandra L. Smith, Oast & Taylor / Portsmouth

Sandra L. Smith joined the Oast & Taylor team with years of valued legal experience, skill, and talent. Certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation (NELF), she offers clients exceptional legal assistance in the areas of Elder Law, Estate Planning, Estate and Trust Administration, Asset Protection Planning, Special Needs Planning, Long-Term Care Planning, and Veterans Benefits Planning.

Kelly A. Thompson, Kelly A. Thompson, PLC / Arlington

Kelly Thompson has worked in the trusts and estates field since 1977, as both a trust banker and a trusts and estates attorney. Ms. Thompson’s current practice handles all aspects of estate planning, but focuses on planning for persons with special needs. She is a member of The Special Needs Alliance, a national group of attorneys serving the legal needs of persons with disabilities. Ms. Thompson is also a member of the Virginia Guardianship Association and has an active elder law practice, which includes guardianship and planning for incapacity.

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