Learn the tactics and recent caselaw necessary to create Medicare set-aside trusts.
Trusts for Senior Citizens also helps you deal with trusts involving senior citizens generally and to understand what types of trusts are prohibited or problematic in particular situations. The authors also help you understand when an income-only trust may be appropriate.
Please Note: Trusts for Senior Citizens does not suggest that a Medicare Set-Aside Trust can be created for Seniors to preserve Medicaid eligibility or that Seniors can use a statutory Special Needs Trust to maintain or preserve Medicaid eligibility. The Medicare Set-Aside information is related to Medicare’s interest in a personal injury and workers’ compensation settlement. The publication clarifies the complex planning that needs to occur in anticipation of the golden years.
Trusts for Senior Citizens includes discussion of recent caselaw, including 2009 cases, two sample irrevocable income-only trust forms, and an informed consent form for use in settling personal injury and workers' compensation cases.
Trusts for Senior Citizens also helps you
Draft trusts for non-Senior Citizens who are settling personal injury or workers' compensation claims.
Understand the effect of government benefits on a personal injury settlement
Know when a Medicare set-aside trust must be created in settling a personal injury case
Obtain informed consent from clients concerning injury-related expenses that Medicare may not cover
Evan H. Farr, CELA, the Farr Law Firm, Fairfax, Virginia; B.A., University of Pennsylvania, J.D., College of William & Mary; Certified Elder Law Attorney and Certified Estate Advisor; member of the Virginia and District of Columbia Bars; practice limited to Estate Planning, Asset Protection, Medicaid Planning, and Special Needs Planning; serves on Board of Directors of Virginia Academy of Elder Law Attorneys and Virginia Bar Association Elder Law Section.
Bradley J. Frigon, CELA, Law Offices of Bradley J. Frigon, Englewood, Colorado; University of Denver, Denver, CO, Master of Law in Taxation (LL.M.), 1982; Washburn University School of Law, Topeka, KS, J.D., 1981;University of Kansas, Lawrence, KS, B.A., 1978; Certified Elder Law Attorney (CELA) by the National Elder Law Foundation.
Professor Lawrence A. Frolik, Pittsburgh, Pennsylvania University of Pittsburgh School of Law; B.A., University of Nebraska; J.D., LL.M., Harvard University; Visiting Professor, University of Miami Law School Graduate Program in Estate Planning (2000-04); Co-Director, Gruter Institute Teaching Conference on Law, Biology and Human Behavior (1996-2000) Government and Public Service: Pennsylvania Council on Aging (2003- ); Delegate, White House Conference on Aging (1995) Fellowships: American College of Trust and Estate Counsel; American Bar Foundation Memberships: American Bar Association (Bioethics Committee; Chair, Torts and Insurance Practice Section Seniors Issue Committee, 2002-03); Pennsylvania Bar Association (Chair, Elder Law Section, 2001-03); Allegheny County Bar Association; National Academy of Elder Law Attorneys; Past President, American Association of Law Schools (Section of Law and Aging); Past President, Pennsylvania Developmental Disabilities Advocacy Council.
Patricia F. Sitchler, CELA, Schoenbaum, Curphy & Scanlan, P.C. San Antonio, Texas; certified as an Elder Law Attorney by the National Elder Law Foundation (as recognized by the Texas Board of Legal Specialization); B.A. in mathematics from Trinity University (1975); J.D. with high honors from St. Mary's University School of Law (1990); adjunct professor at St. Mary's University School of Law since 1998; frequent author and lecturer on elder law, estate planning, trust and estate administration issues, and legal ethics issues.
Shirley B. Whitenack, Morristown, New Jersey, Schenck, Price, Smith & King LLP; B.A., State University of New York-Stony Brook; J.D., Seton Hall University School of Law; Fellow, National Academy of Elder Law Attorneys (Board of Directors; Chair, Advocacy/Litigation Special Interest Group Steering Committee) Honors: Distinguished Service Award (New Jersey Institute for Continuing Legal Education (NJICLE)); Legislative Service (New Jersey State Bar Association, 2003); Amicus Curiae Award (New Jersey State Bar Association, 2004); Recognition Award (Guardianship Association of New Jersey, Inc., 2003) Government and Public Service: Law Secretary to the Honorable Melvin P. Antell (N.J. App. Ct.); Faculty, Superior Court of New Jersey Judicial College.
Evan H. Farr’s Sample Irrevocable Income-Only Asset Protection Trust
Lawrence A. Frolik and Shirley B. Whitenack on IIOTs
Medicare’s Interest in a Personal Injury Settlement
Informed Consent Form
Excerpts from Recent Cases