Answer Bar: Elder Law and Medicaid Essentials
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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 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
Sessions
H. Clyde Farrell, Marilyn G. Miller
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
Meredith Ann Sullivan
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
H. Clyde Farrell
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
Lisa Shoalmire
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
Jennifer L. Coulter
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
Jessica L.D. Guobadia, Dr. Christopher Merkl
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
Rayito O. Stephens
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
Hon. Polly Jackson Spencer
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
Hon. Amy Rigby Parsons, Andrea Lee Uresti Barr, Tara Zinn
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
Theresa A. Clarke, Jennifer Zenero
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