Peter H. Wayne

Senior Associate

P 502-562-7532

F 502-589-0309


400 West Market Street

Suite 2000

Louisville, KY 40202

Peter Wayne is a member of the Firm's Trusts, Estates & Personal Planning Service Team.  He concentrates his practice in the areas of special needs trusts, elder law, government benefits preservation, settlement planning, and estate and small business planning.

He also works with the Firm's Health Care Service Team on issues relating to Medicare, Medicaid planning, Elder Law and Medicare Secondary Payer Compliance.  Mr. Wayne assists clients in handling qualified settlement funds, lien resolution, probate coordination and Medicare and Medicaid preservation and compliance issues. 

  • Representative Matters 
    • Represent minors and adults with disabilities in an effort to help secure traditional and long term care Medicaid benefits.  For example, assisted a disabled adult, who was in the hospital, in regaining his Medicaid eligibility after being inadvertently kicked off due to a loss in Social Security Income benefits.  Client became entitled to Disabled Adult Children's benefits and lost Medicaid as a result of too much income.  After working diligently with the Kentucky Department of Medicaid, the error was recognized, and the adult was immediately found to be eligible for Medicaid benefits once again.
    • Evaluation of the various government benefits clients are eligible to receive or may receive in the future.  Advise disabled individuals and their families as to what planning strategies should be implemented in order to protect eligibility for benefits.  Often times this work involves a "spend down" of money by purchasing of various exempt resources and/or the establishment of a pooled or private first party special needs trust or third party special needs trust.
    • Assist families and elderly individuals navigate the long term care Medicaid eligibility process.  This work often involves sitting down with families in order to help them understand how certain assets can be transferred to friends or family and/or a Medicaid Qualified Income Trust ("Miller Trust") can be established in order to expedite an elderly person's eligibility for long term care Medicaid in the nursing home. 
    • Advise attorneys and clients to enable them to fully evaluate the obligation to protect Medicare's interest in a settlement, judgment or verdict under the Medicare Secondary Payer Act.  This involves both resolving Medicare's conditional payment interest as well as determining if a Medicare Set Aside is appropriate to protect Medicare's interest in a plaintiff's future cost of injury related medical care.
  • Professional Experience 
    • Settlement Planning Consultant, General Counsel and Compliance Officer, FORGE Consulting, LLC.
    • Associate, The Garretson Law Firm and The Settlement Services Group, LLC
  • Honors 
    • Recognized as one of the "Top Lawyers" in the area of Elder Law by Louisville Magazine, March 2014


  • Education 

    2006 - J.D., Salmon P. Chase College of Law

    2003 - B.S. in Finance, Miami University (OH)

  • Presentations 

    Mr. Wayne is a frequent speaker and author on topics relating to qualified settlement funds, government benefits preservation, Medicare and Medicaid compliance, and health-lien subrogation.

    •  Inside Look at Special Needs Planning and Charitable Giving, Partnership for Philanthropic Planning of Kentuckiana, Quarterly Meeting, November 19, 2014.
    • Long Term Financial Planning for People With Disabilities, Jewish Family & Career Services, November 6, 2014.
    • Estate and Special Needs Planning: A Preview of Planning in 2015, Edward Jones Advisors Annual Meeting, October 2014.
    • Inside Look at Special Needs Planning and Charitable Giving, A special Central Kentucky Planned Giving Council seminar, Cardinal Hill Rehabilitation Hospital, September 10, 2014.
    • Trust Administration Beyond the Trust: A Review of Special Needs Planning, Government Benefit Programs, and Guardianships in Kentucky - Midwest-Midsouth Estate Planning Institute, July 2014, Lexington, KY
    • Waivers and Special Needs Trusts: Planning for Special Needs Clients of All Ages - Elder Law Section Spring CLE Seminar, April 2014, Louisville, KY
    • Special Needs Trusts: An Update and Overview of Special Needs Trusts for both the Main Street and the Manhattan Lawyer - Webinar, Lorman Education Services, January 2014, Louisville, KY
    • Is Elder Law the Future for Estate Planning? - Roundtable moderator, The Estate Planning Council of Metro Louisville, Inc., January 2014, Louisville, KY
    • Turney Berry & Friends 2013 Live Update: Estate planning for the rich, poor, and folks next door - Louisville Bar Association, June 2013
    • Estate and Trust Planning for Relatives of Family Members with a Developmental Disability - Stewart Home School, May 2013 - Click here to view the presentation.
    • Using Benefits Experts to Help Maximize Return to Your Client - Society of Settlement Planners Seminar and Annual Meeting, May 2013, Las Vegas, NV
    • Protecting Assets While Qualifying for Medicaid - National Business Institute, April 2013, Louisville, KY
    • Special Needs and Elder Law Planning - MainSource Bank, April 2013, New Albany, IN
    • Elder Law:  Legal, Financial, and Health Care Issues - Sterling Education Services, April 2013, Louisville, KY
    • Special Needs Trusts and Structured Settlements - Financial Planning Association Meeting, November 2012, Louisville, KY
    • QSF's and Government Benefits Preservation - Qualified Settlement Fund Symposium, September 2012, Memphis, TN
    • Beyond Marriage: Examining Domestic Partnership Benefits - Kentucky Bar Association Annual Convention, June 2012, Louisville, KY
    • Government Benefits Planning - Kentucky Bar Association Annual Convention, June 2012, Louisville, KY
    • Drafting Effective Wills and Trusts - National Business Institute, May 2012, Louisville, KY
    • Ethical and Practical Considerations in the Elder and Government Benefits Planning Practice - Stock Yards Bank CLE Event, May 2012, Louisville Slugger Field
    • Medicare Compliance and Medical Verification & Preservation - Kentucky Justice Association, Subrogation Seminar, April 20/27, 2012, Louisville and Cincinnati
    • A Medicare Update - Vermont Association for Justice, October 2011, Burlington, VT
    • The Settlement Planning Process: An In-Depth Review of How to Protect Your Client's Medicare and Medicaid Benefits - Webcast Seminar, July 2011, Louisville, KY
    • 2011 Medicare, Medicaid & Settlement Planning - Eastside Lawyers Group, June 2011, Cincinnati, OH
    • Special Needs Trusts and Structured Settlements - West Virginia Association for Justice, June 2011, Charleston, WV
    • Understanding the Pitfalls of Release Agreements - Kentucky Justice Association, April 2011, Louisville, KY
    • The Forge Settlement Planning Process and Special Needs Trusts - Central Ohio Association for Justice, March 2011, Columbus, OH
    • Protecting What You Have Earned for Your Client: Special Needs Trusts - West Virginia Association for Justice, February 2011, Charleston, WV
    • Medicare Compliance - Vermont Association for Justice, February 2011, Burlington, VT
  • Publications 
  • Professional Activities and Memberships 
    • American Bar Association, Vice Chair of the Long Term Care, Medicaid and Special Needs Trust Committee of the Real Property, Trust and Estate law Section 2013
    • Louisville Bar Association, Board Member and Section Chair of the Year 2010, Class of 2010 Leadership Academy, Past-Chair Young Lawyers Section 2008-2010
    • Kentucky Association for Justice
    • Member, Special Needs Alliance
    • Life Plan of Kentucky, Advisory Board Member
  • Admissions 
    • Kentucky
  • Civic Involvement 
    • The Metropolitan Housing Coalition, Board Member
    • The Main Street Association, Board Member
    • Louisville Asset Building Coalition, Board Member
    • Focus Louisville graduate
    • Life Plan of Kentucky, Advisory Board Member
    • Young Professionals Association of Louisville, Board of Directors, 2008-2009