07 Nov 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 Medicaid cases. The private pay rate, including incidentals, often exceeds $8,000.00 per month. Over the course of one year, that adds up to $96,000.
Who will make the client or nursing home facility whole, if the nonlawyer Medicaid planning fails?
If the Medicaid planning fails, and there is no malpractice insurance, who is able to compensate the exploited Medicaid applicant, or the nursing home or assisted living facility? Not the insurance agent or an unlicensed financial planner.
Victims who have been financially damaged by a nonlawyer improperly engaging in UPL in Florida have a right to be compensated and may take legal action to recover damages. But from whom?
The Florida Bar is responsible for investigating and prosecuting the unlicensed practice of law in Florida. See Chapter 4 for information about filing a UPL complaint.
Excerpt From: John R. Frazier, Leonard E. Mondschein. “Protecting Nursing Homes and Their Residents from the Unlicensed Practice of Law.” iBooks.