The Elder Law Coach

Working with the family who is needing Medicaid for the Single Person can be a challenge.  It's also really exciting since most families really believe they are going to lose everything now that care is needed.In today's episode, Todd explains the rules for the single person and how to present it to the client.  He also fully explains the Half-a-Loaf strategy and also shows you how to make saving half-a-loaf into 60-70% of the loaf.  Todd offers you his Golden Formula for calculating how much can be given and how much has to be paid back.Join us today to learn one of the coolest presentations that you can make to a family to help them save a large part of their estate.

This is probably the most beneficial presentation to clients you can give.  The spouse and the kids come in having just put their loved one into the nursing home thinking they are going to spend thousands of dollars every month for a really long time.  You can help these people but how to you present it to them without "giving away the farm" and giving them enough information to know you can help and why you are worth the fee you are charging.  Here is how you do it.Todd has been doing this for 23 years.  He's worked out most of the sticking points and he knows exactly how much to give the clients so they hire you.  Join us today to learn how to present the Married Medicaid Crisis Plan and get hired for a very handsome fee.

I tell clients and during public speaking events that the Power of Attorney is THE most important document a senior can do.  Therefore, you as an elder law attorney need to provide the best POA document you can to your clients.  Your clients NEED this document.Today, Todd and Sara discuss the 9 powers that need to be in a Power of Attorney so that your client is protected and able to save what they have and not go broke trying to pay for care.  Please listen to this episode and up your game significantly in your Power of Attorney.

One of the most helpful things you as an Elder Law Attorney can do for a family is help them get the care they need for a spouse without losing everything they have.  Many people don't understand the Medicaid rules allow a family to protect almost everything when a married person needs long term care.Today, Todd talks about the basic Medicaid Spendown techniques used to protect everything for a married couple.  Listen today to learn how to really help families and help your practice.

This is probably one of the most important podcasts that I've done.  We as a profession do not do a good job when dealing with the client with diminished capacity.  Elder Law attorneys work with many people that have diminished capacity.  If your position here is "since they have a diagnosis of dementia, then they can't sign documents", you MUST listen to this episode.  It will change your world.I beg you to take 25 minutes out of your day and listen to this podcast and help those with diminished capacity not lose their rights and help you as an attorney really do some good in the world.

Today I interview a client's child from a long way back, Mac.  This interview is a great way to see how things should work when you do good work for a family.  This podcast episode discusses the issues clients are looking experiencing and how our work, when done correctly, really does help them.When you treat clients and their families like family, they will trust appreciate what you do and will still be your friend 16 YEARS later and insist they come on and talk about their experience.  I hope you enjoy this episode with my friend Macintosh Ewell.

I talk about this case as encouragement for you Elder Law Attorneys out there helping your clients and the State Medicaid authority says you are doing it wrong.  I used to think that "The State" was all knowing and if they said I did something wrong, then I must have been at fault.I quickly learned that they have an agenda and they may not know the rules a well as you do.  If you really know the rules, I'm going to say you know the rules better than most of them.  This podcast shows how the State of Minnesota tried to undo Federal Law in a Statute and the Commissioner was called out for trying to make a legitimate Irrevocable Trust that followed Federal Law a countable resource.  The Appellate Court called them out on it and it's beautiful.  This case should encourage you to fight the fight and not to back down if you know you are right and the State is wrong.

Coaching clients ask me all the time what exactly do we need to get from the client for the first meeting.  I did a podcast for my other platform, Answers on Aging (you should listen and have your clients listen to this one).I'm posting it here since I think it's something you can share with clients but if you ever wondered what all we would need for a first meeting, this covers it.

Clients routinely hire me for the exact same price that other attorneys quoted them, but didn't hire them because "it was too high".  There is a process of conducting the first meeting with a client so that the fee you quote them is reasonable and "makes sense" under the circumstances.Join me today and we discuss how to prepare the client for a Medicaid case and the fee associated with the work you are going to do for the client.  Learn how to properly prepare the client for the fee and if done correctly, rather than them saying "that's too high" they may very well say "that's a really good deal".  Join me today to learn how to do this.

On this episode, I interview Marilyn Miller, the current President of the National Elder Law Foundation.  We discuss what a CELA , how to become one and why you probably want to become one if you focus on Elder Law.  

Avoiding probate is a key tool in the Elder Law Practice.  Our clients don't need to go through probate and shouldn't go through probate (prove me wrong!!!).  But how is foregoing this whole area of work good for your practice?  Listen and I will tell you how following this concept will help you stand out among the "other attorneys" who dabble in this and do what they have always done.  Avoiding probate is really great for business.  Listen as I explain how.

Client confidentiality is crucial in any law practice.  However, in Elder Law it gets a little tricky  almost every time.  Elder Law attorneys usually have to talk to lots of other people beside their clients.  Sharing information is crucial and in the best interest of the client.  However, you have to abide by the ethical rules.  Listen as Todd covers those areas and makes sense out of this very basic rule applied to the Elder Law practice.

It's crucial that you know who the client is.  In no other area of the law is this such a strange concept.  However, in Elder Law you have to know who the client is and make sure everyone else knows who the client is.  Some Elder Law Attorneys think differently on this topic so this is not the "end all" discussion of the topic but it is something you should think about and resolve in your practice if you want to be a proficient Elder Law Attorney.

This information is GOLD.  The information in this podcast will teach you how to help clients on a whole different level!!!!!!  When a client meets the qualifications for an exempt transfer, you should recognize it and advise them of the exemption.  Helping them with exempt transfers will pretty make sure they hire you to make sure it's done correctly.  These rules really do help clients and you need to know it.  Questions or comments can be sent to Todd@ElderLawinaBox.com

This is CRUCIAL to working with clients that have gifting in their past or if you use gifting to plan for Medicaid.  This episodes discusses and explains the Penalty Period and how to make sure you start the penalty.  Questions to Todd@ElderLawinaBox.com

We delve into an issue that comes up in LOTS of cases and is a planning tool in many cases.  We don't discuss planning just yet but in Part one we cover the basics up to the "Penalty Period".  Let me know if you have questions at Todd@ElderLawinaBox.com

Not every state requires an Qualifying Income Trust but if you practice in a state that does have an Income Cap, you MUST understand Miller Trusts.  They are simple in concept but very complicated in their function and their importance.  Join me here to learn about these tricky devices.

One of the basic concepts you have to understand when advising a client for Medicaid is income.  You must understand the income rules and you must be able to distinguish what is income and what are  assets.  Here I discuss income and some of it's intricacies when it come to  married applicants.Questions or Comments?  Email me at Todd@ElderLawinaBox.com

In episode 3, I discuss assets in general and what Medicaid counts and what they don't count.  Here, I discuss one of the more confusing aspects of Medicaid (especially in the public's eye) is jointly held assets.  How does Medicaid look at an asset that is owned by the applicant and another person.  Medicaid views it differently if the other owner is a spouse or a non-spouse.  They even look at it differently depending on the asset and even how the asset is titled.  This episode jumps into one of the more complicated issues in Medicaid.  Let me know what you think at Todd@ElderLawinaBox.com.

This is the very basic starting point in Medicaid planning.  You must know what Medicaid is going to look at for the person applying for Medicaid.  Here, I discuss a person's assets and then lay out what is countable and what is not countable.  If you are new to Elder Law, start here to get a good foundation and then continue as I progress through the process.  You can email me at Todd@ElderLawinaBox.com.  I would love to hear from you.

I address this early in the series, is it ethical to "plan for Medicaid"?  I hear this periodically from people and even from other attorneys and Judges.  I address the issue and use my most popular argument that in my mind and everyone I have told this to sees that Medicaid planning is ethical and helps people that really do need it by leveling the playing field for those with moderate assets.  Listen and let me know what you think at Todd@ElderLawinaBox.com.  

In this episode I discuss what Elder Law is and why you may want to transition your practice to Elder Law.  It's a great practice field and I encourage you to at least look into it.  Subscribe to my podcast and you will get all the information you need to become proficient in Elder Law.

Todd explains the fact that documents for seniors need to have specific language in order to protect their estate from long Term Care costs.