Including Sample Irrevocable Trust & Personal Care Contract
Todd Lutsky, Esq., LLM
Leo J. Cushing, Esq., CPA, LLM
Cushing & Dolan Elder Law Centers
Every year Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The Status and regulations seem clear but case workers continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. Come to this survival seminar to learn what you need to know, and what type of planning techniques MassHealth is challenging and what arguments they are making, along with viable planning techniques and much more.
- How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit. * How and when to draft a Testamentary trust.
- The difference between a look back period and a penalty period and permitted transfers.
- When to use commercial annuities, private annuities, and/or promissory notes, and how they work.
- Whether personal care contracts are permissible and how to draft them effectively.
- The new standards to meet the caretaker child exception and disabled child exception.
- Whether your Medicaid Trust should permit the donor to use and occupy the family home.
- How to protect yourself from legal malpractice claims. * How to show certain income-producing assets are non-countable.
- The 2 ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates. How to preserve residential/elderly property tax exemptions.
- Review of cases from around the country – how states are challenging Medicaid planning techniques from annuities to irrevocable trusts from personal care contracts to special needs trusts.
- A walk through of the anatomy of a Medicaid fair hearing.
- A review of fair hearings and how MassHealth is challenging Medicaid planning techniques.
- An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts.
- What are countable and non-countable assets.
Massachusetts Medicaid Planning Survival Guide
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