Buyer Beware: An Experienced Elder Law Attorney Is The Best Investment In Your Future!
Are you or a loved one in need of long-term care but unsure whether you qualify for Medicaid? The first thing you need to know is the importance of hiring an experienced attorney. Medicaid is a government program offering individuals health insurance and long-term care support. However, being cautious of non-attorneys claiming they can provide legal advice on Medicaid planning and asset protection is crucial. According to the law, only licensed attorneys are authorized to offer such advice. In fact, engaging in the unlicensed practice of law in Florida, including giving legal advice about Medicaid, is considered a third-degree felony.
Unlicensed individuals lack the necessary training, skills, and education to provide accurate information about Medicaid. Therefore, they are not allowed to perform certain tasks, including:
- Recommending or preparing Personal Service Contracts ( to compensate a caregiver) or Qualified Income Trusts (QITs) when income exceeds the Medicaid limit;
- Selling or distributing Personal Service Contracts or Qualified Income Trusts and/or kits;
- Offer legal advice on Medicaid and Asset Protection.
In 2015, The Florida Supreme Court ruled that only licensed elder law attorneys are qualified and legally permitted to provide information and discuss the Medicaid Planning Process. This includes areas such as:
- Income and estate planning (such as wills and trusts)
- Protecting client assets (e.g., home, investments, bank accounts)
- Long-term care planning for individuals and/or family members, whether healthy or incapacitated.
Why should you trust an elder law attorney instead of a non-attorney or an attorney who does not specialize in elder law? Elder law attorneys possess the necessary training and education to guide you through the complex Medicaid process. In Florida, attorneys must maintain good standing with the Florida Bar, which means they must adhere to rules and ethical standards. Additionally, they are required to participate in continuing education to stay up to date with the latest Medicaid rules and laws.
As a Board-Certified Elder Law Attorney with over 30 years of experience, I specialize in guiding clients toward long-term care planning solutions, including Medicaid and Veteran benefits and other aspects of elder law, such as estate planning, guardianship, special needs planning, and probate. I provide legal guidance and creative solutions to clients of all ages at all stages in life, helping address the challenges that arise during the aging process. If you would like to schedule a consultation, please contact my office at phone1. Together, we will develop a legal plan tailored to your goals.
Webinar: Dangers & Pitfalls of Applying for Medicaid Yourself
