Protecting a Long-Term Care Patient from Going into Debt
Category: On Demand
Member Price: $140
Non-Member Price: $175
Areas of Law: Elder & Disability Law
NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE credit (Full Credits Available: NJ General: 2.0). |
NY CLE (t&nt): | NY Professional Practice Transitional: 2.0 |
PA CLE: | PA Substantive Credit: 1.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Keynote
Moderator
Presenters
Assisted living facilities and nursing homes are expensive. Care often costs upwards of $10,000 per month. This program will address two scenarios that affect thousands of people who are about to enter long-term care facilities. You will learn 1. how to protect a long-term care patient’s primary residence and also 2. How to guard their family members from going into debt.
State and federal law prohibits nursing homes from requiring a family member to guarantee payment of the resident’s bill. Yet, many nursing homes subvert this prohibition by designating these family members as responsible parties in the admission agreement. This program will examine responsible party litigation through a review of the seminal case in New Jersey, Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014). Learn tips to help protect family members from this practice.
Also, we will outline the strategies and pitfalls in protecting your client’s home from long term care costs. Learn when a primary residence can and should be transferred without Medicaid penalty. We will discuss what you need to show to support the transfer and how to avoid missteps. We will analyze the various options for transferring a home and when each should be considered. Lastly, we will discuss drafting considerations for Medicaid Asset Protection trusts for the home.