28th Annual Advanced Elder Law Update 2019 (On Demand Seminar)

We will look at specific Medicaid manual sections and see how they accommodate expansion into the Medicaid program we have come to understand.  How do we plan for this new category of coverage particularly as it relates to long-term care?

The benefits available to elder and disabled clients from the Department of Veterans Affairs (VA) serve as useful tool in the elder law attorney's tool box. On October 18, 2018, the VA implemented major changes in the Pension Benefit Program. The VA published Final Rule substantially changes VA disability pension eligibility rules. Additionally in February 2019, the VA completely overhauled the claim appeal system. These changes and other recent procedure changes need to be integrated into our practices to ensure our clients receive the maximum benefit available.

This session will aid practitioners already familiar with special needs trusts, Achieving a Better Life Experience (ABLE) Act 529 accounts, and disability laws in assisting their clients in navigating the constantly changing area of practice in order to help clients without disturbing necessary benefits. The session will include the most current public benefit rules and tax laws.

This session will cover the basic decisional and rule-based guidance on a lawyer’s obligation when dealing with a client with diminished capacity. It will also consider more complex areas, such as what advice a lawyer can give regarding alternatives to guardianship for an incapacitated person (for example, can an attorney prepare a power of attorney for an incapacitated person?) and how much assistance an attorney can provide to a client who has been found to be incapacitated but to also retain testamentary capacity.