By Donna Jackson, LLM, and Leonard E. Mondschein, LLM, CELA, CAP Introduction The five-year trust, or Medicaid asset protection trust as it is sometimes called, is an irrevocable trust designed to hold and preserve assets and either accumulate or distribute income. An individual transfers his or her...
Yes, it is possible. According to Florida Statute 777.011, (and as stated in Chapter 3): Both referral sources and seniors who retain a nonlawyer for Medicaid planning purposes should be aware of the possible illegality of their actions, however unwitting or intentional their actions may be. “Whoever...
One might think at least in principle that fiduciary responsibilities exist for the nursing home. But under Florida law that is not the case. The answer is based on case law - and Florida has not recognized a fiduciary relationship between a nursing home and its...
The Florida Agency for Health Care Administration (AHCA) is very involved with Florida nursing home and long term care facilities, and Florida Medicaid proceedings and administration. This includes all Medicaid planning activities. Florida AHCA is responsible for: administrating the Florida Medicaid program, licensure and regulation of...
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...
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...
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...
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...
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...
Many clients who are married are faced with nursing home placement for their spouses. If the spouse in the community has assets in excess of the Community Spouse Resource Allowance (CSRA), presently set at $130,380.00 for 2021 the Department of Children & Families (DCF), will...