• Arkansas (2006)
• Tennessee (2006)

SIGNIFICANT CASES AND SETTLEMENTS

• Drafted Legislation that ultimately reformed regulations associated with the use of qualified
  income trusts (Miller Trusts) for Arkansas Medicaid beneficiaries
• Provided substantial assistance in removing estate expansion in the context of beneficiary deeds and Medicaid
  estate recovery
• Represented Medicaid recipients in ultimately changing policy interpretation to
  establish Pre-Eligibility Medical Expense offsets

PRESENTATIONS

• American College of Trust and Estate Counsel – Heart of America Regional Meeting (May 2019).
  1. New regulations imposed by the Veterans Administration concerning transfers, 3-year lookback, and defining “covered assets” for penalty determination purposes.
  2. ABLE accounts and the use for individuals with special needs.
  3. Methodology for establishing special needs trusts after the 21st Century Cures Act.
  4. Sole Benefit. New guidance issued by the Social Security Administration via the Programs Operations Manual concerning what “sole benefit” in the context of trusts.
  5. Spousal Impoverishment Rules. Overview of Initial Assessment and Community Spouse Resource Allowance calculations within the Spousal Impoverishment Rules.
• American College of Trust and Estate Counsel – Arkansas Fellows Meeting (February 2019). Overview of Arkansas long-term care planning options and Medicaid requirements.
• Arkansas Bar Association (June 2018). Analysis of common scenarios and how each scenario would impact an individual’s access to certain public benefits.
• National Business Institute (March 2018). Distinguishing between needs-based benefit programs in contrast to non-needs-based benefit programs and analysis of what each program would provide an individual.
• National Business Institute (March 2018). General eligibility requirements and the necessity of meeting “otherwise Medicaid eligible” for the purpose of triggering a period of ineligibility.
• National Business Institute (March 2018).  Complex asset-protection planning options in the context of long-term care.
• Arkansas Bar Association (February 2018). Elder Law section of the Arkansas Bar Association.
  1. Recent Special Needs Trust developments – Review of In re Corn and Draper v. Colvin. 
  2. Trusts in Long-Term Care Planning.
• Arkansas Legal Aid State Conference. Distinguish between first-party and third-party trusts and when 42 U.S.C. 1396p(d)(4)(A) requirements should be met.
• Arkansas Trial Lawyers Association (June 2014).
  1. Arkansas Wrongful Death statutory beneficiaries and the use of special administrators in wrongful death matters;
  2. Discussion of the necessity of guardians and the process for appointment in the context of personal injury litigation; discussion of limiting scope of guardianship
  3. Special Needs Trusts. Discussion of timing, establishment, and funding requirements of special needs trust in the context of litigation.
• Best of CLE-Arkansas Bar Association (May 2013).  Overview of public benefits planning, special needs planning, as well as the use of various trusts for individuals with special needs.