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Answer Bar: Elder Law and Medicaid Essentials

Contains material from Sep 2020 to Sep 2022

Answer Bar: Elder Law and Medicaid Essentials
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Would love to see more Medicaid regulatory CLE

Technical Questions?
512.475.6700
service@utcle.org



Session 1: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care, including policies exempting certain retirement accounts from countable assets, how to deal with barriers to Medicaid home care, and status of Lady Bird Deeds and Transfer on Death Deeds

Session 2: Overview of Medicaid Planning - What non-elder law attorneys need to know about planning for long-term care. 

Session 3: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid.

Session 4: 
When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters.

Session 5: 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 6: 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 7: Alternatives to Guardianship Including Support Services - Exploring the range of supports and services and alternatives to guardianship and a decision tree to determine the necessity of a guardianship in the continuum of care, including an update on capacity assessment tools.

Session 8: Out of the Woodwork: Unethical Practices by Geriatric Professionals - With the increase of an aging population, comes an increase in service providers willing and wanting to help older adults. Not every professional has the client's best interest in mind. A summary of professionals that may take advantage of clients and how to spot them will be discussed, as well as what type of credentialing the professionals should have.

Session 9: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply. 

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 7.25 | 2.25 ethics
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 3/31/2025

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1. Medicaid Update (Sep 2022)

H. Clyde Farrell, Meredith Ann Sullivan, Marilyn G. Miller

0.75 0.00 0.00 0.75
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(mp4)
48 mins
(mp3)
48 mins
(pdf)
39 pgs
(pdf)
67 pgs
(pdf)
11 pgs
(pdf)
14 pgs
Session 1 —48 mins
0.75
Medicaid Update (Sep 2022)

Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care.

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

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

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2. Overview of Medicaid Planning (Sep 2020)

Pi-Yi Mayo

0.50 0.00 0.00 0.50
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(mp4)
31 mins
(mp3)
31 mins
(pdf)
18 pgs
(pdf)
9 pgs
Session 2 —31 mins
0.50
Overview of Medicaid Planning (Sep 2020)

What non-elder law attorneys need to know about planning for long-term care. 

Originally presented: Jul 2020 Estate Planning, Guardianship and Elder Law Conference

Pi-Yi Mayo, Mayo & Poland PLLC - Baytown, TX

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3. The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know (Dec 2021)

Stephanie Townsend Allala

1.00 0.00 0.00 1.00
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(mp4)
61 mins
(mp4)
61 mins
(pdf)
20 pgs
Session 3 —61 mins
1.00
The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know (Dec 2021)

Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid.

Originally presented: Nov 2021 The View from 30,000 Feet: Medicaid Myths All Attorneys Should Know

Stephanie Townsend Allala, Townsend Allala, Coulter & Kludt PLLC - El Paso, TX

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4. When Your Client May Have Diminished Capacity (Sep 2022)

John R. McNair, Michele Kosoy Goldberg

0.75 0.75 0.00 0.75 | 0.75 ethics
Preview Materials

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(mp4)
40 mins
(mp3)
40 mins
(pdf)
20 pgs
(pdf)
15 pgs
Session 4 —40 mins
0.75 | 0.75 ethics
When Your Client May Have Diminished Capacity (Sep 2022)

In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters.

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

John R. McNair, J. McNair Dallas Law P.C. - Dallas, TX
Michele Kosoy Goldberg, Attorney at Law - Bellaire, TX

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

Rayito O. Stephens

0.75 0.00 0.00 0.75
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
41 pgs
(pdf)
36 pgs
Session 5 —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

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6. Role of the Guardian (Sep 2022)

Hon. Polly Jackson Spencer

1.00 0.50 1.00 1.00 | 0.50 ethics | 1.00 guardianship
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(mp4)
61 mins
(mp3)
60 mins
(pdf)
83 pgs
Session 6 —61 mins
1.00 | 0.50 ethics | 1.00 guardianship
Role of the Guardian (Sep 2022)

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 2022 Estate Planning, Guardianship and Elder Law Conference

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

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7. Alternatives to Guardianship including Supports and Services (Sep 2022)

Hon. Jason Cox, Taft Robinson

1.00 0.50 1.00 1.00 | 0.50 ethics | 1.00 guardianship
Preview Materials

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(mp4)
59 mins
(mp3)
59 mins
(pdf)
45 pgs
Session 7 —59 mins
1.00 | 0.50 ethics | 1.00 guardianship
Alternatives to Guardianship including Supports and Services (Sep 2022)

Details about the vast possibilities of available, less restrictive, alternatives to guardianship including supports and services that may alleviate or limit the need for guardianship.

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

Hon. Jason Cox, Harris County Probate Court #3 - Houston, TX
Taft Robinson, Disability Rights Texas - Houston, TX

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8. Out of the Woodwork: Unethical Practices by Geriatric Professionals (Sep 2020)

Christina Lesher

0.50 0.50 0.00 0.50 | 0.50 ethics
Preview Materials

Download session materials for offline use

(mp4)
30 mins
(mp3)
30 mins
(pdf)
21 pgs
(pdf)
8 pgs
Session 8 —30 mins
0.50 | 0.50 ethics
Out of the Woodwork: Unethical Practices by Geriatric Professionals (Sep 2020)

With the increase of an aging population, comes an increase in service providers willing and wanting to help older adults. Not every professional has the client's best interest in mind. A summary of professionals that may take advantage of clients and how to spot them will be discussed, as well as what type of credentialing the professionals should have.

Originally presented: Jul 2020 Estate Planning, Guardianship and Elder Law Conference

Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX

Show session details

9. Medicaid Matters and Probate Proceedings (Jan 2022)

Stephanie Townsend Allala

1.00 0.00 0.00 1.00
Preview Materials

Download session materials for offline use

(mp4)
61 mins
(pdf)
18 pgs
Session 9 —61 mins
1.00
Medicaid Matters and Probate Proceedings (Jan 2022)

Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply. 

Originally presented: Dec 2021 Medicaid Matters and Probate Proceedings

Stephanie Townsend Allala, Townsend Allala, Coulter & Kludt PLLC - El Paso, TX