Structuring Medicaid Asset Protection Trusts: Medicaid Eligibility, Look-Back Rules, Basis, Gift Tax Rules

This CLE course will provide elder law counsel in-depth guidance on structuring Medicaid asset protection trusts (MAPTs) to benefit their clients' Medicaid eligibility and tax planning needs. Our panel will discuss common pitfalls of utilizing trusts in elder law, look-back requirements, income tax basis, gift tax rules, and more.

A MAPT is an effective tool for counsel to older clients. If properly structured and funded, MAPTs can fulfill clients' long-term care and tax planning needs where their assets may exceed Medicaid limits but remain insufficient to self-fund long-term care expenses.

Elder law counsel must balance the intricacies involved in drafting and implementing MAPTs, with the precise Medicaid requirements including the look-back periods. Certain assets intended to be left behind for children or a spouse can impact Medicaid eligibility. A trust can protect assets from a Medicaid spend-down so long as neither the applicant nor spouse has improper access to the principal or is named as the trustee in a manner contrary to the Medicaid requirements.

Elder law counsel must also understand how MAPTs intersect with estate, gift, and income taxes, including grantor trust treatment, basis planning, gift issues, and more.

Listen as our distinguished panel guides counsel to effectively structure MAPTs for the purposes of maximizing Medicaid eligibility while avoiding common pitfalls.