Nuts & Bolts of Medicaid Asset Protection Trusts in New York

(427 Ratings)

Produced on: June 05, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

The substantial cost of long-term care can rapidly deplete the assets of even middle-class and upper-class families. The Medicaid program can cover or contribute to the cost of long-term care for individuals in need of care who meet the financial eligibility requirements. Individuals with assets that render them ineligible for Medicaid can engage in asset protection planning to qualify for Medicaid benefits, while also preserving assets for their family. The Medicaid Asset Protection Trust (“MAPT”) is a crucial planning tool to assist individuals and their family members in protecting assets, and is commonly used to protect the family home and other assets.

Lissett Ferreira, Esq., and Tamara Stack, Esq., cover the essentials of understanding MAPTs in New York, and how to effectively utilize them to maintain an individual’s eligibility for government benefits.


Learning Objectives:

  1. Examine the eligibility requirements for Medicaid long-term care benefits
  2. Identify clients who may benefit from a Medicaid Asset Protection Trust (“MAPT”)
  3. Become familiar with the basic legal requirements for MAPTs to be effective to preserve an individual’s eligibility for government benefits
  4. Develop best practices and pitfalls to avoid when using MAPTs as a Medicaid planning tool
  5. Explore the mechanics of how to establish and administer the MAPT



Faculty

Lissett Ferreira

TW Lewis & Co., LLC

Lissett Ferreira is a passionate and committed advocate for families and individuals in transition, from marriage, divorce, and having children to aging, disability, and death. Ms. Ferreira’s practice focuses on elder and family law as well as trusts & estates, with a particular emphasis on guardianships, Medicaid/estate/special needs planning, probate and administration, separation/divorce, and prenuptial/marital agreements. Ms. Ferreira also serves as of counsel to TW Lewis & Co., LLC, on elder and family law matters.

Prior to starting her own legal practice, Ms. Ferreira served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and subsequently in an Article 81 guardianship part. In that capacity, she was involved in hundreds of matrimonial and guardianship matters, developing unparalleled insight and breadth of knowledge in these highly specialized areas of the law. 

Ms. Ferreira is certified under Part 36 of the Rules of the Chief Judge to serve as court evaluator, counsel to guardian, guardian ad litem, and counsel to an Alleged Incapacitated Person.  She also serves as trustee of several special needs trusts.

Ms. Ferreira has lectured on both elder and family law matters.  She previously served on the Office of Court Administration’s New York County Guardianship Advisory Committee and its Sub-Committee on Court Examiners’ Training.  In that capacity, she assisted in planning a training for court examiners, and served as a panelist at the training.  She also previously conducted a training on uncontested divorces for the Family Law Task Force at New York Legal Services.  Ms. Ferreira spoke about Article 81 guardianships at the New York State Bar Association’s Elder Law and Special Needs Section 2015 Summer Meeting.   Most recently, Ms. Ferreira spoke on a panel on Article 81 guardianships hosted by the Elder Law and Special Needs Section of the New York Women’s Bar Association. She also has co-presented at several community workshops on estate and special needs planning.

Ms. Ferreira received her A.B. from Brown University, with Honors in Portuguese and Brazilian Studies, and her J.D. from Fordham University School of Law.  In between university and law school, Ms. Ferreira was awarded a Fulbright Scholarship for research in Mozambique. At Fordham Law, Ms. Ferreira served as Symposium Editor of the Fordham Law Review for a year, worked as a Summer Associate at the international law firm of White & Case LLP, and published a note entitled Access to Affordable HIV/AIDS Drugs: The Human Rights Obligations of Multinational Pharmaceutical Corporations, 71 Fordham L. Rev. 1133 (2002).  Ms. Ferreira was on the Dean’s List at Fordham Law throughout her studies there. Upon graduation, Ms. Ferreira received the Murray magna cum laude Public Service Award, and was inducted into the Fordham Law chapter of the Order of Coif, an honor society for top law school graduates.

Ms. Ferreira is admitted to practice in the State of New York and the United States District Courts of the Eastern and Southern Districts of New York.  She is a member of the New York State Bar Association, New York Women’s Bar Association, Queens Women’s Bar Association, and New York City Bar Association. She currently serves as co-chair of the CLE Sub-Committee of the NYCBA Problems of the Aging Committee.

Ms. Ferreira also is co-publisher of “ny guardian advocate”, a legal blog at nyguardianadvocate.com, that provides information and insights for Article 81 guardians and guardianship professionals in New York.

Tamara Stack

Law Offices of Stack & Associates, PLLC

Tamara L. Stack concentrates her practice in Elder Law and Trusts & Estates law. Ms. Stack’s firm provides professional services in Elder Law matters, including but not limited to Medicaid Planning and applications for home care and nursing home care, asset protection, disability matters, and guardianships. The firm is equally experienced in Trusts & Estates Law, providing services in estate planning; drafting Wills and revocable, irrevocable and disability trusts; and estate and trust administration.

The firm also offers services in Corporate Law and Real Estate Law, providing services such as negotiating contracts, drafting a variety of agreements, and transferring property. In addition, Ms. Stack is knowledgeable about tax matters, including personal, estate, and trust taxes.

Ms. Stack has been a guest lecturer for multiple organizations and events, speaking on Elder Law matters and Trust & Estate issues.

Ms. Stack is admitted to practice in the States of New York, Florida, and Massachusetts. She is a member of the New York State Bar Association, the New York City Bar Association, The Florida State Bar Association, and the National Association of Elder Law Attorneys. 


Reviews

CA
Chartrisse A.

Great program

CK
Carolynne K.

VEry effective course. Both speakers presented very complex material in a clear manner with practical usage in mind.

WB
William B.

Very good!

BJ
Betty Jane J.

IT WAS A PLEASURE TO LISTEN TO THESE TWO COMPETENT PRACTITIONERS.

MV
Martha L V.

Enjoyed the speaker.

PR
Peter R.

Lots of substance. Very informative.

RB
Robert B.

Good

SW
Stuart W.

Done very well.

CC
Cynthia C.

The transcript is very useful.

JA
James A.

very good presentation.

PB
Paul B.

Excellent presentation. Knowledgeable speakers

Load More

$59

$ 59 Health Care Law, Wills, Trusts, & Estates, and Elder Law In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.