Hiring an attorney can save time and money.
Rather than wait until the problems arise, it is probably best to hire an attorney up front when planning for Medicaid coverage, according to The Middletown Press in “Use a lawyer for Medicaid planning“.
The following are a few reasons it might be wiser to hire an attorney before entering the Medicaid world:
- Conflict of interests. When a nursing home refers a family to people for preparing the Medicaid application, very often the person has dual loyalties: to the nursing home who refers them the work, and to the family who will pay them a fee for help with applying for benefits. Whose interest comes first?
Everyone wants the Medicaid application to be successful, but let’s be realistic. It’s in the nursing home’s best interest that the resident pays privately for as long as possible before going on Medicaid. It’s in the resident or family member’s best interest to protect the family’s assets for the benefit of the resident’s spouse or family.
An attorney has a duty of loyalty only to her client. She also has an ethical and professional responsibility to put her client’s needs ahead of her own.
- Saving money is possible. Nursing homes in some areas cost as much as $15,000 a month. While every market and every law practice is different, it would be unusual for legal fees to cost more than a month in the facility. With an experienced attorney’s help, you might save more than her fee in long-term care and probate costs. Most attorneys will consult with new clients at little or no cost to determine what they need and what they want to achieve before paying a larger fee.
- The benefit of experience. It’s all well and good to read through pages of online information, but nothing beats the years of experience that an attorney who practices in this area can bring to the table. Any professional in any field develops knowledge of the ins and outs of an area and applying for Medicaid is no different. Without experience, it’s hard to know how it all works.
- Peace of mind from a reliable, reputable source. Today we hear a lot about “FOMO,” or fear of missing out. Consulting with an experienced attorney about a Medicaid application will help you avoid years of wondering if there was more you could have done to help yourself or your loved one.
There are multiple opportunities for nursing home residents to preserve assets for themselves and spouses, children and grandchildren, particularly when a family member has special needs. However, here’s a key fact: if you wait for the last minute, there will be far fewer options than if you begin planning long before there’s a need to apply for Medicaid.
Reference: The Middletown Press (July 29, 2019) “Use a lawyer for Medicaid planning”
For more information on elder law and estate planning, please visit my estate planning website.
