When someone reaches the stage where they need Medicaid benefits to pay for their long-term care, they are likely facing one of the biggest crises in their lives. They are probably vulnerable, scared and at the mercy of others to help them with the Medicaid qualification process. However, Medicaid planning is a highly technical and complex area of law. Even though it is related to estate planning, a lot of estate planning attorneys choose not to practice in this area due to the intricate nature of Medicaid rules and regulations.
Be aware that these companies have NO license and NO regulations to practice law or give legal advice and often employ individuals with little or no training. Thankfully, the Elder Law Section of the Florida Bar is determined to put a stop to such illegal practices.
Last year, the Elder Law Section of the Florida Bar sought an advisory opinion from the Unlicensed Practice of Law Section of the Florida Bar. The purpose of this inquiry was to seek clarification as to those actions that constitute the unauthorized practice of law. The advisory opinion was also requested to give guidance to prosecutors across the state on what is considered the unauthorized practice of law in the context of Medicaid planning so they can criminally prosecute these predators who harm our elderly.
After reviewing the testimony at the hearing, as well as volumes of written testimony, the Unlicensed Practice of Law Section issued an advisory opinion that stated the following actions were considered the unlicensed practice of law: Specifically the Standing Committee found that it constitutes the unlicensed practice of law for a non-lawyer to do the following:
• to draft a personal service contract;
• to determine the need for, prepare and execute a Qualified Income Trust including gathering the information necessary to complete the trust;
• to sell personal service or Qualified Income Trust forms or kits in the area of Medicaid planning;
• to render legal advice regarding the implementation of Florida law to obtain Medicaid benefits, 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.
So, if you or a loved one needs Medicaid benefits, make sure you seek out a licensed ATTORNEY who is well-versed in Medicaid to guide you through the process.