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Using Trusts for Medicaid and Veteran’s Asset Protection Planning


Originally recorded on May 21, 2013.

Whether your clients are rich, poor, or somewhere in between, they cannot afford to ignore the potentially devastating costs of nursing home care and other types of long-term care. Both Medicaid and Veterans Aid and Attendance benefits have extremely stringent financial requirements in order to qualify for benefits. So strict are the requirements that many applicants who sorely need the assistance fall through the cracks. This intense 5-hour seminar will teach you the eligibility requirements for both Medicaid and the Veterans Aid and Attendance benefit, and provide you the in-depth guidance you need to create the types of trusts necessary to help claimants qualify for Medicaid and Veteran’s assistance.

Key topics to be discussed:

  • Medicaid eligibility rules and benefits
  • Veteran’s pension eligibility rules and benefits
  • How to structure trusts
This CLE program is available in multiple formats, including live and self-study versions. Select an option to begin.
Clear selection
Originally recorded on May 21, 2013


Evan Farr, in private practice since 1987, is widely recognized as one of the foremost authorities in the Country in the field of Medicaid Asset Protection and related Trusts.

Evan has been named by as one of the top 5% of Elder Law and Estate Planning attorneys in Virginia every year since 2007, and in the Washington, DC Metro Area every year since 2008.

Evan is a nationally renowned Best-Selling author and frequent educator of attorneys across the U.S. As an expert to the experts, Evan has educated tens of thousands of attorneys across the country through speaking and writing for organizations such as the National Academy of Elder Law Attorneys (NAELA), the American Law Institute-American Bar Association (ALI-ABA), the National Business Institute (NBI), the Virginia Academy of Elder Law Attorneys (VAELA), the Virginia Bar Association (VBA), Virginia Continuing Legal Education (Virginia CLE) , and the District of Columbia Bar Association. His publications include his Best-Selling Book, Protect and Defend, his latest book, the Nursing Home Survival Guide, dozens of articles that have appeared in the popular press, and numerous scholarly publications for the legal profession, including two legal treatises published by and available through the American Law Institute (formerly ALI-ABA): Planning and Defending Asset Protection Trusts and Trusts for Senior Citizens.

Credit Information | 4 HR CLE*
This course is presumptively approved in the following states: CA, PA, MO, DE and HI.
This course is presumptively approved via reciprocity in the following states: AK, AR, CO, FL, ME, MT, ND, NJ, NM and NY.
Approval in the following states requires attending attorney to submit a program completed submission form online, provided by myLawCLE, to the State’s MCLE Commission (no fee for submission): IA, NE.

myLawCLE will seek approval in all other states based upon registered attendees (see accreditation policy below).

Note: Nearly every myLawCLE program is approved in every state where application is made without issue; however, if for any reason a program encounters an accreditation issue myLawCLE offers a Credit Guarantee (see policy below).

Accreditation Policy
*myLawCLE will seek 4 hours of CLE credit in 60-minute-hour states and 4.75 hours of credit in 50-minute-hour states.

myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NJ, NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE will seek self-study approval in all states except Minnesota.

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendee’s satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I: Medicaid Financial Eligibility Rules

Section II: Medicaid Benefits

Section III: Veteran’s Pension (Including Aid and Attendance and Housebound Benefits) Eligibility Rules

Section IV: Veteran’s Pension Benefits

Section V: Where to Find the Relevant Law?

Section VI: Structuring Trusts for Medicaid Asset Protection and Veteran’s Asset Protection

What Does “Irrevocable” Really Mean?
What Does “Self-Settled” Really Mean?
Which Assets can go into the Trust?
Different Rules for Who Can Serve as Trustee
Common Trust Challenges and Ways to Prevent Them
Trustee Powers that Must be Prohibited
Different Rules for How Distributions Must be Made
Different Rules to Get Grantor Trust Status for Income and Estate Tax Purposes
What Does “Control” Mean for Veteran’s Purposes?
Other Tax Considerations

Section VII: Practice Tools