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

2025-01-30 14:00:00

2025-01-30 14:00:00

2 Credits

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

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

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Access to live webinars & recordings

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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

Course Overview

Preserving Government Benefits Through Irrevocable Trusts

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.

Key topics that will be covered

What will you learn

Attorneys will learn how to draft irrevocable trusts including income-only trusts, special needs trusts, and funeral trusts to help clients qualify for government benefits.

What will you gain

Attorneys will gain practical knowledge of state-specific Medicaid rules, the five-year look-back period, and ethical considerations when advising clients in benefits planning.

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

What will you learn

Attorneys will learn how to draft irrevocable trusts including income-only trusts, special needs trusts, and funeral trusts to help clients qualify for government benefits.

What will you gain

Attorneys will gain practical knowledge of state-specific Medicaid rules, the five-year look-back period, and ethical considerations when advising clients in benefits planning.

Agenda

Session 1

Special Needs Trusts and Income Only Trust Fundamentals

Session 2

Tax Implications of Government Benefits Planning Devices

Session 3

Drafting Implementing and Administering Benefit Preservation Trusts

Break

Break

Session 4

Ethical Considerations in Medicaid and Benefits Planning

clock 2:00 pm - 2:20 pm EST

Special Needs Trusts and Income Only Trust Fundamentals

Mary Akkerman

Partner, Davenport Evans Lawyers

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 Akkerman

Partner, Davenport Evans Lawyers

clock 2:20 pm - 2:40 pm EST

Tax Implications of Government Benefits Planning Devices

Mary Akkerman

Partner, Davenport Evans Lawyers

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 Akkerman

Partner, Davenport Evans Lawyers

clock 2:40 pm - 3:00 pm EST

Drafting Implementing and Administering Benefit Preservation Trusts

Mary Akkerman

Partner, Davenport Evans Lawyers

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 Akkerman

Partner, Davenport Evans Lawyers

clock 3:00 pm - 3:10 pm EST

Break

Mary Akkerman

Partner, Davenport Evans Lawyers

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 Akkerman

Partner, Davenport Evans Lawyers

clock 3:10 pm - 4:10 pm EST

Ethical Considerations in Medicaid and Benefits Planning

Mary Akkerman

Partner, Davenport Evans Lawyers

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 Akkerman

Partner, Davenport Evans Lawyers

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Mary Akkerman

Partner, Davenport Evans Lawyers

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

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.

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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.  

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