Using Trusts in Medicaid Planning

$195.00

Re-Broadcast on June 7, 2018

CLE Credits earned: 2 GEN

This presentation will discuss the interplay between the use of trusts and Medicaid Planning. Practitioners need to be aware of the types of trusts used in Medicaid Planning, and the varying objectives a client can achieve depending on which type of trust is used.

Key topics to be discussed:

•   Trusts and Public Benefits Generally
•   Types of Trusts Used in Medicaid Planning
•   Trusts That Achieve Asset Protection (And Those That Do Not)
•   Spousal Planning Using Trusts

Date / Time: June 7, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Howard S. Krooks, Esq., a partner of Elder Law Associates PA with offices throughout Southeast Florida, is admitted to practice law in New York (1990) and Florida (2004). Mr. Krooks is Of Counsel to Amoruso & Amoruso, LLP, in Rye Brook, New York.

Mr. Krooks splits his time between New York and Florida, where his professional practice is devoted to elder law and trusts and estates matters, including representing seniors and persons with special needs and their families in connection with asset preservation planning, supplemental needs trusts, Medicaid, Medicare, planning for disability, guardianship, wills, trusts and health care planning with advance directives.

Mr. Krooks is certified as an Elder Law Attorney by the National Elder Law Foundation and is a past President of the National Academy of Elder Law Attorneys (NAELA; 2013-2014). He is also the past President of the New York chapter of NAELA and serves on the Executive Council of The Florida Bar Elder Law Section as the NAELA Liaison. He is a past Chair of the Elder Law Section of the New York State Bar Association (NYSBA; 2005). He was selected as a Florida Super Lawyer and a New York Super Lawyer (2007-2017). He was also named a Top 25 Westchester County Attorney (New York Times – Sept. 2012-2017). He was recognized as one of Florida’s Legal Elite for 2017. Mr. Krooks has a 10.0 (Excellent) rating from Avvo and is AV Preeminent® rated by Martindale-Hubbell, a testament that Mr. Krooks’ peers rank him at the highest level of professional excellence.

Mr. Krooks received the Outstanding Achievement Award from the NY Chapter of NAELA in 2006 for serving as Co-Chair of a Special Committee on Medicaid Legislation formed by the NYSBA Elder Law Section to oppose NY Governor George Pataki’s budget bills containing numerous restrictive Medicaid eligibility provisions that, if enacted, would severely impact the frail elderly and disabled populations. He was also recognized for serving as Co-Chair of the NYSBA Elder Law Section Compact Working Group, which received national attention for developing alternative methods of financing long-term care. Additionally, Mr. Krooks served as Chair of a Special Committee created by the NYSBA Elder Law Section to address the Statewide Commission on Fiduciary Appointments formed by Chief Justice Judith Kaye.

Mr. Krooks co-authored the chapter, “Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning Including Transfer of Assets, Supplemental Needs Trusts and Protection of Disabled Family Members” included in Guardianship Practice in New York State, and the chapter “Long Term Care Insurance in New York” included in Estate Planning and Will Drafting in New York, both published by the NYSBA. He is widely published on many elder law topics. A former Adjunct Assistant Professor at New York University’s School of Continuing and Professional Studies, Mr. Krooks taught Asset Protection Planning. He also served as an instructor for the NY Certified Guardian & Court Evaluator Training program.

Mr. Krooks is a Founding Principal of ElderCounsel LLC, the premier elder law and special needs planning document drafting solution for attorneys.
As a frequent lecturer, Mr. Krooks has addressed many organizations including NAELA, Stetson Special Needs Conference, ALI-ABA, ElderCounsel, WealthCounsel, the National Guardianship Association, the Florida Bar Association, the Academy of Florida Elder Law Attorneys, the NYSBA, the Association of the Bar of the City of New York, UJA Federation, the Brooklyn Bar Association, Berkeley College, the United Federation of Teachers and the New York State United Teachers, among others. Mr. Krooks has been quoted in The Wall Street Journal, The New York Times, Kiplinger’s, USA Today, The New York Post, Newsday, The Journal News and the Boca Raton News. He has appeared on PBS, the CBS Early Morning Show and elder law focused local cable television programs.

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Section I. Trusts and Public Benefits

Section II. Trust Classifications

Section III. Revocable Trusts

Section IV. Testamentary Spousal Supplemental Needs Trusts

Section V. Pooled Supplemental Needs Trusts

Section VI. Self-Settled Special Needs Trusts

Section VII. Qualified Income Trusts

Section VIII. Irrevocable Medicaid Asset protection Trusts

Section IX. Veterans Asset Protection Trusts

Section X. Special Language to Include in Powers of Attorney to Allow Trust Planning by Agent