Help

Drafting Successful Medicaid Trusts

In light of the Heyn and recently decided SJC cases Daley and Nadeau

  • Product Number: 2180028P01
  • CLE Credits, earn up to:
    4 substantive credits, 0 ethics credits CLE Credit Note
  • Add to Favorites List

Choose Date/Location:

Registration for this program is closed
  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    Creating an effective Medicaid trust requires not only a deep understanding of trust law but also an understanding of the related areas of estate and tax planning. You need to know how to draft trust terms that will get approved—not always an easy task when it can seem unclear what the State will (and will not) allow. Using the right language and key terms is more vital and more complex than ever.

    This program aims to clear up the confusion about Medicaid trusts and offers highly-practical, expert advice on how to draft trust provisions so the trust can stand up to MassHealth scrutiny. Experienced practitioners delve deep into all aspects of Medicaid trusts and closely analyze what the State is challenging and what is getting approved. 

    New for this year, the faculty review all the arguments in the SJC’s decision in the Daley and Nadeau cases as well as explore the use of life estates and the related gift, estate, and income consequences associated with them. In addition, they review numerous fair hearings that address such things as a new spin on the use of a 675(4)(c) power, new attacks on the limited power of appointment, the trustee compensation theory, the use and occupancy of the house theory, and the power to appoint principal to charity via a pooled trust—all as attempts to make trust principal countable. Learn how to draft around these arguments—if needed—when creating these irrevocable trusts. You come away with an in-depth knowledge of how Medicaid trusts work and clear drafting guidelines you can use in your practice right away.

  • Agenda

    Agenda & Materials

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty

    Chair

    Todd E. Lutsky, Esq., Cushing & Dolan, PC, Waltham

    Faculty

    John W. Donahue, Esq., Wilchins Cosentino & Novins LLP, Wellesley Hills
TOP