Who Can Help Me with Medicaid Planning?
A January 15, 2015 ruling by the Florida Supreme Court makes it illegal for a non-lawyer to provide services assisting in Medicaid planning. The decision classifies the following actions as the unlicensed practice of law:
- Giving legal advice regarding the implementation of Florida law to obtain Medicaid benefits.
- Drafting personal services contracts.
- Preparing and executing qualified income trusts.
Any of the above offenses are punishable by five years in prison. Additionally, anyone who receives the services listed above from a non-lawyer is considered to be aiding and abetting a crime.
Helping someone fill out their Medicaid application is not considered to be in violation of Florida laws. It is advice given before the application is filed by non-attorneys which has been criminalized.
If you are in need of Medicaid planning services, contact our Florida Board Certified Elder Law Attorney, Babette Bach, Esq. at (941) 906-1231 to discuss whether you or your loved one would benefit from asset protection planning.
