Ready to Register?

MyLawCLE All-Access Pass

Best choice

Add the All-Access Pass and get this program —
plus 1,000+ live CLE programs every year.


All specialty & ethics credits included
38 practice areas
New sections: AI & the Law, Practice Management
100s of current and trending legal topics
Nationally recognized and highly experienced presenters

$395 / year — this program included
Register with the All-Access Pass

This program + 1,000+ CLE programs, all year

Or register for just this program

On-Demand Video

Recorded access + self-study credit.
$195 Register

Drafting Irrevocable Trusts to Preserve Medicaid and VA Benefits [Including 1 Ethics hour] (2025 Edition)

Comprehensive guide to drafting irrevocable trusts for Medicaid eligibility, including income-only trusts, special needs trusts, and related ethical considerations.

2025-01-30 14:00:00

Program Details

2025-01-30 14:00:00

2025-01-30 14:00:00

2h CLE Credits

Program Details

2025-01-30 14:00:00

Program Details

2025-01-30 14:00:00

Over 1,000+ webinars

2025-01-30 14:00:00

Course Overview

Preserving Government Benefits Through Irrevocable Trusts

2025-01-30 14:00:00

Participants will learn to draft and administer irrevocable trusts that protect client assets while maintaining Medicaid, VA, and disability benefit eligibility. These strategies enable practical solutions for long-term care planning.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Income-Only Trusts
Remove assets from Medicaid applications while retaining income within prescribed limits.
02
Medicaid Eligibility
Understand asset and income limitations, exempt assets, and state-specific requirements.
03
Special Needs Trusts
First-party and third-party trusts allow supplemental funds without affecting benefit eligibility.
04
Veterans Benefits
Aid and Attendance and Housebound pensions can run concurrently with Medicaid.
05
Tax Planning
Grantor trust treatment and stepped-up basis provide significant tax advantages.
06
Ethics
Identify clients clearly, maintain confidentiality, and avoid conflicts of interest.

Program schedule

clock 2:00 pm - 2:20 pm EST

Special Needs Trusts and Income Only Trust Fundamentals

This session explores the three primary trust vehicles used to preserve government benefits eligibility: first-party special needs trusts, third-party supplemental needs trusts, and income-only trusts. Attendees will learn about Medicaid qualification requirements, exempt versus non-exempt assets, the five-year look-back rule, and which states permit income-only trust planning.

Mary AkkermanMary Akkerman
clock 2:20 pm - 2:40 pm EST

Tax Implications of Government Benefits Planning Devices

This session examines the critical tax considerations when structuring trusts to preserve government benefits, including grantor trust treatment and income tax flow-through provisions. Particular emphasis is placed on the significant advantages of stepped-up basis at death versus carryover basis for lifetime transfers, and how proper trust structuring can maximize tax benefits for beneficiaries.

Mary AkkermanMary Akkerman
clock 2:40 pm - 3:00 pm EST

Drafting Implementing and Administering Benefit Preservation Trusts

This session provides practical guidance on creating and managing income-only trusts, funeral trusts, and special needs trusts across different state jurisdictions. Attendees will learn essential administrative requirements including bank account setup, income assignment procedures, permissible distributions, and the importance of submitting trust documents to state agencies for pre-approval.

Mary AkkermanMary Akkerman
clock 3:00 pm - 3:10 pm EST

Break

A short intermission allowing attendees to refresh before the final session. Use this time to review materials and prepare questions for the ethics discussion.

Mary AkkermanMary Akkerman
clock 3:10 pm - 4:10 pm EST

Ethical Considerations in Medicaid and Benefits Planning

This comprehensive session addresses the unique ethical challenges attorneys face in government benefits planning, including client identification when multiple family members are involved, confidentiality obligations, and potential conflicts of interest with spousal representation. Attendees will also explore capacity assessment issues, ADA compliance requirements, self-dealing prohibitions, and communication best practices to avoid common ethical complaints.

Mary AkkermanMary Akkerman
Mary Akkerman

Mary Akkerman

Partner, Davenport Evans Lawyers

Mary Akkerman

Mary Akkerman

Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Recognition & Leadership

AV Preeminent® Peer Review Rating by Martindale Hubbell® for the highest level of professional excellence. Band 1 individual ranking in the Chambers High Net Worth Guide in Private Wealth Law. Listed by Best Lawyers® in Trusts & Estates. Ranked in the top 5% of practicing attorneys in South Dakota by Great Plains Super Lawyers in Estate Planning & Probate.

Professional Involvement

American College of Trust and Estate Counsel (ACTEC) Fellow. Member of the Society of Trust and Estate Practitioners and Sioux Falls Estate Planning Council.

Experience

Partner at Davenport Evans Lawyers with extensive experience in estate planning, trust administration, guardianships, conservatorships, business and tax planning, and establishing public and private trust companies in South Dakota.
Mary Akkerman

Mary Akkerman

Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Recognition & Leadership

AV Preeminent® Peer Review Rating by Martindale Hubbell® for the highest level of professional excellence. Band 1 individual ranking in the Chambers High Net Worth Guide in Private Wealth Law. Listed by Best Lawyers® in Trusts & Estates. Ranked in the top 5% of practicing attorneys in South Dakota by Great Plains Super Lawyers in Estate Planning & Probate.

Professional Involvement

American College of Trust and Estate Counsel (ACTEC) Fellow. Member of the Society of Trust and Estate Practitioners and Sioux Falls Estate Planning Council.

Experience

Partner at Davenport Evans Lawyers with extensive experience in estate planning, trust administration, guardianships, conservatorships, business and tax planning, and establishing public and private trust companies in South Dakota.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI2.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Approved
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Approved
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs