Ensure Your Elder Law Attorney Understands Medicaid Planning

Takeaways

• Working with an experienced elder law attorney who understands Medicaid is crucial for long-term care planning and applications.
• Red flags indicating an attorney’s inexperience include a lack of specific Medicaid knowledge, inadequate assessment of individual situations, and insufficient planning for asset protection.
• Unprofessional consultations and a lack of clarity regarding legal timings and processes can also signal an attorney’s inexperience in handling Medicaid cases effectively.

Navigating the Medicaid program can be daunting. You may be seeking help with long-term care planning for a senior family member or are ready to apply to Medicaid yourself. In either case, working with an experienced elder law attorney who understands the complexities of Medicaid is crucial.

Why You Need an Expert in Medicaid Planning

Nursing home care in the United States can cost more than $10,000 a month depending on where you live. Medicaid has become the default form of long-term care coverage for millions of aging Americans. However, an estimated $1 trillion in Medicaid cuts are likely in store over the next decade.

Meanwhile, many people mistakenly believe that Medicare, a different program, will cover the costs of long-term care. However, Medicare does not cover long-term custodial care. (Custodial care includes assistance with daily living activities such as getting dressed, eating, and moving from place to place safely, such as from a bed to the bathroom. It does not encompass medical treatment that requires a licensed nurse or doctor.)

Medicaid planning is a complex area of elder law that focuses on qualifying for Medicaid benefits without depleting one’s assets unnecessarily. To be eligible for the program, you must meet strict income and asset limits. In most states, you cannot receive Medicaid benefits if you have more than $2,000 in countable assets to your name.

In part, this is why Medicaid planning is so important. Planning involves reviewing all your assets, including bank accounts, retirement accounts, real estate, vehicles, and life insurance. A professional can help you with this and with distinguishing between your “countable” and “noncountable” assets. In addition, with the help of an expert, you can pursue legal strategies that allow you to spend down your assets so that you can qualify for the program.

5 Hidden Red Flags

Here are five red flags that may indicate an attorney’s inexperience with Medicaid planning.

1. Lack of Specific Medicaid Knowledge

Elder law is a specialized field, and not all attorneys have the expertise required to handle Medicaid cases effectively.

• Vague answers on Medicare coverage. If the attorney cannot clearly explain what Medicaid covers with regard to long-term care services, this may signal a lack of familiarity with elder law nuances.
• Ignorance about recent program changes. Medicaid policies can change frequently. An adept elder law attorney should be aware of and able to discuss the latest updates and their implications.

2. Inadequate Assessment of Individual Situations

Every Medicaid consultation requires a personalized approach, given that financial and health care needs vary widely among seniors.

• Generic advice. An elder law attorney lacking experience might offer broad, generalized advice instead of recommendations tailored to your individual circumstances.
• Failure to ask detailed questions. A seasoned attorney in this area of law will dig deep into the client’s financial well-being, health needs, and family circumstances to offer precise guidance.

3. Insufficient Planning for Asset Protection

Protecting assets while qualifying for Medicaid is a key aspect of elder law.

• No strategy for asset transfers. If an attorney cannot provide a clear plan for how to legally transfer or protect assets, this can indicate a lack of expertise.
• Ignoring look-back periods. An attorney experienced with Medicaid knows the importance of the Medicaid look-back period and should clearly explain how it affects eligibility.

4. Unprofessional Consultations

The manner in which consultations are conducted can reveal much about an attorney’s professionalism and experience.

• A lack of documentation. An attorney’s failure to provide written summaries or detailed documentation post-consultation can be a red flag.
• Poor communication skills. An inability to communicate complex concepts in an accessible way may reflect inexperience or insufficient expertise.

5. Misunderstanding Legal Timings and Processes

Understanding the timelines and processes involved in Medicaid applications is crucial.

• Confusion about application timelines. If an attorney is unsure about when or how long it takes to file a Medicaid application, this can indicate inexperience.
• Inaccurate processing guidance. Misguidance about the steps involved can jeopardize the outcome of your application.