Event Description
Online registration is closed. To register, email Tram
Nguyen at tnguyen@mnbars.org by 11 am on
9/1.
Effective July 1, 2005, the State of Minnesota passed
a Statute which stated that all irrevocable trusts will be deemed revocable when
a person applies for Medical Assistance (originally codified as Minn. Stat. §
501B.895 and recodified as § 501C.1206 with the adoption of the Uniform Trust
Code in 2016). This effectively eliminated the ability, in the State of
Minnesota, to use irrevocable trusts to shelter assets from being counted in a
Medical Assistance eligibility determination, even if such trust was created and
funded prior to the look-back period for uncompensated transfers.
On July 12, 2022, the Minnesota Court
of Appeals, in a precedential opinion that was not appealed further, held that
this statute was “preempted” by federal law and therefore unenforceable.
Since this opinion was issued, the
Minnesota Department of Human Services has issued a bulletin providing some
guidance for how Medical Assistance will treat irrevocable trusts going forward
and a bill was signed by Governor Walz on June 2, 2022, which repealed Minn.
Stat. § 501C.1206 in its entirety effective June 3, 2022. In this CLE,
information will be presented concerning the use of Irrevocable Trusts to
shelter assets from being counted in determining Medical Assistance eligibility
after the foregoing events; the risks and benefits of particular trust
provisions commonly used in Irrevocable Trusts, including potential estate
recovery issues; and the potential for future litigation given some of the
positions taken by the Minnesota Department of Human Services.
Presenter:
Michael Teeter, Lead Attorney, Asset Protection and
Medical Assistance; Safe Harbor Estate Law
CLE Credits:
1.0 Standard CLE Credit | Event Code: 470029
Cost:
Elder Law Section Member: FREE
Member, not in the Elder Law Section: $15
Non-Member: $45
Law Student &
New Admittee:
FREE
Registration Deadline:
August 30, 2022. To register after that time, email the program
manager.
Remote Participation: Remote instructions will be
emailed to you the day prior to the event.
Payments/Cancellations:
Please register
online or over the phone by credit card whenever possible. If
you must pay by check, please use this
registration form . Need to cancel? Please see our cancellation
policy
.
Covid-19: We are currently following CDC
guidelines for Covid-19. For more information, please visit our website
.
Accommodations: We are committed
to creating an inclusive environment in which all members can participate fully.
If you need reasonable accommodations to participate in this event, please
notify the program manager with at least 72 hours notice prior
to the meeting to allow sufficient time to make arrangements for accommodations.
Thank you.
Program Manager: Tram Nguyen | tnguyen@mnbars.org | 612-278-6316