WHAT WILL HAPPEN IF A NONLAWYER MEDICAID PLANNER TAKES MONEY FROM THE NURSING HOME RESIDENT?

Serious liabilities may lurk for long-term care facilities and employees affiliated with nonlawyer Medicaid planners. When a non-lawyer Medicaid planner’s actions result in the nursing home resident’s personal financial harm and/or denial of Medicaid eligibility, this can become a matter of financial exploitation of the resident. Depending on the case, the facility in which the [...]

By | November 13th, 2018|Elder Law, Healthcare, Medicaid|0 Comments

DOES A NONLAWYER MEDICAID PLANNER HAVE LEGAL MALPRACTICE INSURANCE?

No. By definition, only an attorney licensed to practice law would be entitled to have legal malpractice insurance. If an annuity salesperson only holds a license with the Florida Department of Insurance (or no license at all), that person would not be able to purchase legal malpractice insurance. The financial stakes are very high in [...]

By | November 7th, 2018|Elder Law, Medicaid|0 Comments

EXAMPLES OF PROBLEMS CAUSED BY NONLAWYER MEDICAID PLANNERS

What is the potential for harm to the public? Nonlawyer Medicaid planners expose Florida nursing home residents to various dangers, including the denial of Medicaid eligibility ineligibility penalties, costing tens or hundreds of thousands of dollars, because of wrongful transfers or purchasing unfit financial products exploitation of vulnerable, unsuspecting Florida citizens leaving seniors and their [...]

By | October 29th, 2018|Medicaid|0 Comments

WHO ARE NONLAWYER MEDICAID PLANNERS?

Individuals and companies with no license to practice law, yet stake their claim as Florida “Medicaid planners” run the gamut. Individuals as Medicaid planners Public record shows that the following types of individuals have been Medicaid planners in Florida: annuity salesmen insurance salesmen geriatric care managers Florida licensed nurses former nursing home employees former DCF [...]

By | October 24th, 2018|Medicaid|0 Comments

WHAT SORT OF TRAINING, EDUCATION AND LICENSING DO NONLAWYER MEDICAID PLANNERS HAVE?

What is the background, education and knowledge base of nonlawyer Medicaid planners? Annuity and insurance sales agents Annuity and insurance sales agents sell annuities, life insurance and related financial products and earn commission from the sale. There is no requirement for a college degree, but a sales agent must pass a state insurance commission exam [...]

By | October 18th, 2018|Medicaid|0 Comments

WHO REGULATES NONLAWYER MEDICAID PLANNING IN FLORIDA?

Nonlawyer Medicaid planning is a completely unregulated business. As the Florida Supreme Court reaffirms in the 2015 Advisory Opinion, there is no state or federal agency to license and regulate Medicaid planners. Likewise there are no educational, testing or advertising requirements. While someone might hold a professional license to sell annuities or practice financial planning, [...]

By | October 9th, 2018|Elder Law|0 Comments

NURSING HOME REFERRAL LIABILITY

It is very common for seniors who need help qualifying for Medicaid to accept referrals from trusted sources—such as family, friends, social workers, nursing home administrators and hospital discharge planners. The trouble is, these referrals are frequently to nonlawyer Medicaid planners. In some cases, referrals are made without the knowledge or awareness of the nursing [...]

By | October 1st, 2018|Elder Law, Medicaid, Nursing Home|0 Comments

FLORIDA SUPREME COURT RULES THAT MEDICAID PLANNING BY NONLAWYERS IS THE UNLICENSED PRACTICE OF LAW

In January 2015, the Florida Supreme Court issued an Advisory Opinion explaining exactly what activities are considered to be the unlicensed practice of law as it pertains to Medicaid planning. Except for licensed attorneys, anyone who advises a Florida Medicaid applicant on how to structure their income and assets in order to become eligible for [...]

By | September 26th, 2018|Elder Law, Medicaid|0 Comments

WHY YOU SHOULD USE AN ELDER LAW ATTORNEY FOR MEDICAID PLANNING

One of the biggest issues our seniors face is paying for long term care in a skilled nursing home or assisted living facility. Most seniors cannot afford up to $100,000 a year to live in a quality facility. Florida’s Medicaid program provides vital financial assistance to many seniors who need long term care. Medicaid is [...]

By | September 18th, 2018|Medicaid|0 Comments

CAN I KEEP MORE THAN THE COMMUNITY SPOUSE RESOURCE ALLOWANCE?

When a married person needs nursing home placement, the spouse living at home (Community Spouse) is often told that he or she can only retain assets up to the Community Spouse Resource Allowance (CSRA). In 2018, that number is $123,600.00. The institutionalized spouse can only have $2,000.00 of assets. If the combined assets of both [...]

By | January 8th, 2018|Medicaid, Medicaid Application, Nursing Home|0 Comments