Speaker and attendees at a UT Law CLE conference presentation
eCourse

Answer Bar: Elder Law and Medicaid Essentials

Contains material from Sep 2022 to Sep 2025
Answer Bar: Elder Law and Medicaid Essentials
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Session 1: Medicaid Update - Identify and explain recent changes in Medicaid law and policy. Discuss Medicaid advocacy strategies that are “hot,” either because they are new or because they are underutilized but work well.

Session 2: What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting - Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout.

Session 3: Medicaid Planning or Medicaid Avoidance? - Sometimes we can help a relatively wealthy person qualify for Medicaid long-term care. This presentation explores how to help the client determine whether or not they are able to pay privately; and if so, whether they would be better served by doing so or by qualifying for Medicaid.

Session 4: Medicaid Asset Protection Trusts - Learn how Medicaid Asset Protection Trusts can be strategically utilized to help your clients qualify for long-term care benefits while preserving assets and avoiding trust-busting traps.

Session 5: MERP Defense - This presentation provides updates on changes in defending against MERP claims and discussion of continuing sticky situations and traps. Discuss where HMS and we disagree and the problems of timelines, statutes of limitations, and the need for legislative change.

Session 6: Recognizing Potential Incapacity of a Client - Discuss how to recognize potential incapacity in clients and the limitations any such incapacity causes. The discussion includes identifying the varying levels of capacity, steps that can be taken to identify capacity, and the types of incapacity a person may suffer from.

Session 7: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death. 

Session 8: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more.

Session 9: Lesser Restrictive Alternatives, Including Supports and Services to Guardianship: A Guide for a Practical Practice - Discuss lesser alternatives to guardianships including power of attorneys, representative payees, care managers, and 1301 management trusts, and other creative alternatives when dealing with legal issues or assets in other jurisdictions.

Session 10: Medicaid Planning in Guardianships - A discussion of how government benefits planning for single and married individuals can be accomplished in the context of Guardianships and Community Administrations.

Includes: Video Captions Audio Transcript Paper Slides

  • Total Credit Hours:
  • 7.75 | 1.75 ethics
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 4/30/2027

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Sessions

Credit
1. Medicaid Update (Sep 2025)

H. Clyde Farrell, Marilyn G. Miller

0.75 0.00 0.00 0.75
Downloadable Materials
Transcript (txt)
Paper (pdf) – 29 pgs
Slides (pdf) – 15 pgs

Session 1 —47 mins 0.75

Medicaid Update (Sep 2025)

Identify and explain recent changes in Medicaid law and policy. Discuss Medicaid advocacy strategies that are “hot,” either because they are new or because they are underutilized but work well.

Originally presented: Jul 2025 Estate Planning, Guardianship and Elder Law Conference

H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX
Marilyn G. Miller, Marilyn G. Miller, Attorney at Law - Dripping Springs, TX

2. What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting (Sep 2023)

Meredith Ann Sullivan

0.75 0.00 0.00 0.75
Downloadable Materials
Paper (pdf) – 79 pgs
Slides (pdf) – 18 pgs

Session 2 —47 mins 0.75

What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting (Sep 2023)

Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout.

Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference

Meredith Ann Sullivan, Farrell & Johnson PLLC - Austin, TX

3. Medicaid Planning or Medicaid Avoidance? (Sep 2024)

H. Clyde Farrell

0.75 0.25 0.00 0.75 | 0.25 ethics
Downloadable Materials
Transcript (txt)
Paper (pdf) – 27 pgs
Slides (pdf) – 12 pgs

Session 3 —50 mins 0.75 | 0.25 ethics

Medicaid Planning or Medicaid Avoidance? (Sep 2024)

Sometimes we can help a relatively wealthy person qualify for Medicaid long-term care. This presentation explores how to help the client determine whether or not they are able to pay privately; and if so, whether they would be better served by doing so or by qualifying for Medicaid.

Originally presented: Aug 2024 Estate Planning, Guardianship and Elder Law Conference

H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX

4. Medicaid Asset Protection Trusts (Sep 2025)

Lisa Shoalmire

0.75 0.00 0.00 0.75
Downloadable Materials
Transcript (txt)
Paper (pdf) – 32 pgs
Slides (pdf) – 15 pgs

Session 4 —45 mins 0.75

Medicaid Asset Protection Trusts (Sep 2025)

Learn how Medicaid Asset Protection Trusts can be strategically utilized to help your clients qualify for long-term care benefits while preserving assets and avoiding trust-busting traps.

Originally presented: Jul 2025 Estate Planning, Guardianship and Elder Law Conference

Lisa Shoalmire, Ross & Shoalmire PLLC - Texarkana, TX

5. MERP Defense (Sep 2024)

Jennifer L. Coulter

0.50 0.00 0.00 0.50
Downloadable Materials
Transcript (txt)
Paper (pdf) – 32 pgs

Session 5 —30 mins 0.50

MERP Defense (Sep 2024)

This presentation provides updates on changes in defending against MERP claims and discussion of continuing sticky situations and traps. Discuss where HMS and we disagree and the problems of timelines, statutes of limitations, and the need for legislative change.

Originally presented: Aug 2024 Estate Planning, Guardianship and Elder Law Conference

Jennifer L. Coulter, Townsend Allala, Coulter & Kludt, PLLC - El Paso, TX

6. Recognizing Potential Incapacity of a Client (Sep 2025)

Jessica L.D. Guobadia, Dr. Christopher Merkl

1.00 0.25 0.50 1.00 | 0.25 ethics | 0.50 guardianship
Downloadable Materials
Transcript (txt)
Paper (pdf) – 39 pgs

Session 6 —61 mins 1.00 | 0.25 ethics | 0.50 guardianship

Recognizing Potential Incapacity of a Client (Sep 2025)

Discuss how to recognize potential incapacity in clients and the limitations any such incapacity causes. The discussion includes identifying the varying levels of capacity, steps that can be taken to identify capacity, and the types of incapacity a person may suffer from.

Originally presented: Jul 2025 Estate Planning, Guardianship and Elder Law Conference

Jessica L.D. Guobadia, Crain Caton & James - Houston, TX
Dr. Christopher Merkl, Houston, TX

7. Real Estate Issues in Elder Law (Sep 2022)

Rayito O. Stephens

0.75 0.00 0.00 0.75
Downloadable Materials
Paper (pdf) – 41 pgs
Slides (pdf) – 36 pgs

Session 7 —45 mins 0.75

Real Estate Issues in Elder Law (Sep 2022)

Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death. 

Originally presented: Aug 2022 Estate Planning, Guardianship and Elder Law Conference

Rayito O. Stephens, Rayito O. Stephens Law Offices, PLLC - Pearland, TX

8. Role of the Guardian (Sep 2023)

Hon. Polly Jackson Spencer

1.00 0.50 1.00 1.00 | 0.50 ethics | 1.00 guardianship
Downloadable Materials
Paper (pdf) – 85 pgs

Session 8 —59 mins 1.00 | 0.50 ethics | 1.00 guardianship

Role of the Guardian (Sep 2023)

Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more.

Originally presented: Aug 2023 Estate Planning, Guardianship and Elder Law Conference

Hon. Polly Jackson Spencer, Senior Statutory Probate Judge, Retired - San Antonio, TX

9. Lesser Restrictive Alternatives / Supports and Services to Guardianship: A Guide for a Practical Practice (Sep 2025)

Hon. Amy Rigby Parsons, Andrea Lee Uresti Barr, Tara Zinn

1.00 0.50 1.00 1.00 | 0.50 ethics | 1.00 guardianship
Downloadable Materials
Transcript (txt)
Paper (pdf) – 37 pgs
Slides (pdf) – 26 pgs

Session 9 —59 mins 1.00 | 0.50 ethics | 1.00 guardianship

Lesser Restrictive Alternatives / Supports and Services to Guardianship: A Guide for a Practical Practice (Sep 2025)

Discuss lesser alternatives to guardianships including power of attorneys, representative payees, care managers, and 1301 management trusts, and other creative alternatives when dealing with legal issues or assets in other jurisdictions.

Originally presented: Jul 2025 Estate Planning, Guardianship and Elder Law Conference

Hon. Amy Rigby Parsons, Harris County Probate Court #3 - Houston, TX
Andrea Lee Uresti Barr, Barr Law, PLLC - Sugar Land, TX
Tara Zinn, Harris County Probate Court #3 - Houston, TX

10. Medicaid Planning in Guardianships (Sep 2024)

Theresa A. Clarke, Jennifer Zenero

0.50 0.25 0.50 0.50 | 0.25 ethics | 0.50 guardianship
Downloadable Materials
Transcript (txt)
Paper (pdf) – 69 pgs
Slides (pdf) – 11 pgs

Session 10 —32 mins 0.50 | 0.25 ethics | 0.50 guardianship

Medicaid Planning in Guardianships (Sep 2024)

A discussion of how government benefits planning for single and married individuals can be accomplished in the context of Guardianships and Community Administrations.

Originally presented: Aug 2024 Estate Planning, Guardianship and Elder Law Conference

Theresa A. Clarke, Wright Abshire, Attorneys - Bellaire, TX
Jennifer Zenero, Wright Abshire - Bellaire, TX