Training Course Syllabus:
Help Your Clients Prepare for Future Continuing Care Needs
With growing numbers of baby boomers entering retirement age, there is both need and new opportunities for long-term planning for health and continuing care benefits. Are you up to date on the latest and most effective elder law procedures and strategies? Our faculty offer their experience-wrought techniques for qualifying clients for benefits while preserving their wealth. Don't miss this opportunity to get up to speed - register today!
- Make the best use of LTC funding options and strategies, including Medicaid planning and creating special needs trusts.
- Find out how to interpret current Medicare rules and limitations.
- Learn how to handle various asset transfers to protect your clients' interests while still qualifying them for Medicaid.
- Identify when to use private or commercial annuities in Medicaid planning.
- Explore effective ways of protecting your client's home.
- Get an experienced guide to help you navigate the pros and cons of living wills.
- Understand planning for elderly individuals to avoid estate taxes.
MORNING SESSION:
9:00 - 10:30 and 10:45 - 12:15, Joseph M. Placer Jr.
WILLS
- Checklist for Gathering Client Information
- Must-Have Provisions - Drafting Do's and Don'ts
- Building Flexibility Into the Plan - Checklist of Special Provisions
- Methods of Designating Fiduciaries
- Keeping the Clients Current on Their Wills
- Educating Your Clients on the Harm of Writing Someone Out of the Will
- Practical Pointers and Sample Will Review
ANNUAL EXCLUSION GIFTING
- Determining Recipients of the Gifts
- Choosing Assets for Annual Gifting
- Minimizing Gift and GST Taxes
- Reporting to the IRS
- Maximizing Annual Exclusion and Lifetime Exemption Gifting
- Gifting Techniques
DONATIVE AND CHARITABLE GIVING
- Overview of the Wealth Transfer Charitable Tax Deduction
- Helping the Client Choose a Qualified Charity
- Requesting Donation Confirmation Documents from Charity
IRREVOCABLE LIFE INSURANCE TRUSTS
- Trusts for Children
- Single Life and Second to Die Trusts
- Hanging and Flexible Crummey Powers
- Assets to Place in Trust
- Trusts vs. LLC/Partnership
TAX CONSIDERATIONS
- Impact of Sunset of 2001 Bush Tax Reductions
- Exemptions from Federal Estate Taxes
- Impact on Step-Up in Basis for Capital Gains Taxes
- Sensible Planning for Elderly Individuals to Avoid Estate Taxes
AFTERNOON SESSION:
1:15 - 2:30 and 2:45 - 4:30, Steven M. Jankower
DURABLE POWERS OF ATTORNEY AND ADVANCE MEDICAL DIRECTIVES
- General Powers of Attorney
- Medical Powers of Attorney and HIPAA
- Pros and Cons of Living Wills
FUNDAMENTALS OF MEDICAID PLANNING IN LOUISIANA
- Medicaid in Louisiana - Individuals in Need of Benefits Can Qualify if They are Willing to Wait
- Louisiana's Forced Heirship Laws Make Medicaid Planning Critical
- Medicare and Medicaid - They May Sound the Same but They're Not
- Can a Medicaid Recipient Own Assets and Still Qualify for Benefits?
- Congress Passes Sweeping Changes in Medicaid Eligibility Rules - The Deficit Reduction Act of 2005
- "Why Can't We Give it Away?" - Donating Assets Can Trigger Stiff Medicaid Penalties
- Medicaid Estate Recovery - When the Government Wants it Back
- Medicaid Planning for Long-Term Care of a Spouse
- Common Myths and Misconceptions About Medicaid Planning
- Legality of Medicaid Planning - Do Granny and Her Attorney Go to Jail?
CREATING SPECIAL NEEDS TRUSTS IN LOUISIANA
- Advantages and Disadvantages of Special Needs Trusts
- Determining if a Special Needs Trust is Right for Your Client's Needs
- Medicaid Planning and OBRA '93
- Changes Made by OBRA '93 Legislation
- Applicability to Trusts
- Exceptions - "Under Age 65 Disability Trusts" and Pooled Account Trusts
- Establishing Special Needs Trusts With Disabled Individual's Assets and Personal Injury Awards
- Recommendations
- Selection of Trustee
- Establishing Special Needs Trusts With Assets of Parents or Third Parties
- Requirements
- Should Trust Be Established Inter Vivos or by Testament?
- Placement of Forced Heir's Interest in Trust
- Providing for Shifting of Interests to Substitute Beneficiary
- Final Thoughts
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