Medicaid Planning: Avoid These 4 Things

Hand with marker writing the word Bewareby Carmine Perri

You want to apply for Medicaid – a complicated process – but you’ve heard that hiring an attorney specializing in Medicaid planning is expensive.

So why not use one of those services that say they’ll do the same thing for less?

But do they really do the same thing?

Florida Says No 

The State of Florida doesn’t think so. The Florida Bar’s Standing Committee on the Unlicensed Practice of Law heard evidence about the types of harm caused by non-lawyer Medicaid planners, including:

  1. Denial of Medicaid eligibility
  2. Exploitation
  3. Catastrophic or severe tax liability
  4. Purchase of inappropriate financial products threatening or destroying the client’s life savings

The committee concluded that non-lawyers engaged in any of these activities constitute the unlicensed practice of law:

  • Drafting a personal service contract;
  • Determining the need for, preparing, and executing a Qualified Income Trust, including gathering the information necessary to complete the Trust;
  • Sales of personal service or Qualified Income trust forms or kits in the area of Medicaid planning; and
  • Rendering legal advice … including advising an individual on the appropriate legal strategies available for spending down and restructuring assets and the need for a personal service contract or Qualified Income Trust.

And, other states like Ohio, Tennessee, and New Jersey are following suit in similar ways.

Medicaid rules are not set in stone. Medicaid attorneys and paralegals are up-to-date on all issues related to eligibility and legal ways to protect assets. The old saying, you get what you pay for applies here. Do you really want to put your life savings and the financial security of your loved ones at risk?

The best way to understand all of your options and choose the best course of action is to consult with a Connecticut attorney with the training and knowledge to steer you clear of potential Medicaid planning trouble.

Related Posts:

Click here to get a report about the 5 Things You Should Know About Applying for Medicaid in Connecticut

Click here to read about the risks involved in using non-lawyers who process Medicaid applications

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