Is it worth it to pay a lawyer to help file for Medicaid?

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We found that when we contacted the aging commission. We were told ALL assests medicaid would attach and take whatever money they spent after her passing.
My mother in law could not have more than 3000 in the bank and couldn't make more than 2200 a month. Any and all assest must be transfered 5 years prior to application.
They wanted copies of ALL life insurance policies, mortgage information and a copy of the title to her car.
It is very sad that anyone has to go thru this yo get thier family help.

To set up the trust and protect what assets you can, yes, the attorney is worth it. To apply for Medicaid, no, you can do this yourself. When my mother was alive, Medicaid didn't pay for assisted living in my area, but I was able to work with my county human services person to find a special program she qualified for. I just kept calling and asking questions till we found what we needed for her!

In my area, elder lawyers start at 7 grand to help with Medicaid and maybe throw in the first annual review.
Yes, Get a lawyer. The hard part is not getting Medicaid, it's keeping it.
www.naela.org
for real lawyers in your city
Pick out 3 that offer a free 1 hr consult
Make your questions very specific.
Trust your gut.
Try to get a lawyer that will communicate by email afterwards and is included in the up front fee - this is critical. You will have more questions later than in the beginning.
Medicaid can be a life saver but getting a good caseworker is luck of the draw - you will need a lawyer and also you will need a backup plan in case you ever become Medicaid ineligible. That's where the lawyer can help with maintaining assets in the beginning to liquidate later if necessary.
If you are lucky, a social worker may be of help.
Document everything.
Spend money only on the beneficiary, immediately.

I did all the paperwork and trust for my situation. It's not that difficult depending on how many assets your parent has and your personal threshold for the time/stress involved. Once you get a disability determination from social security, you can find the pooled trust you want to use. I found the one I used to be helpful and Medicaid will let you know what you're missing for them. IMHO, $3500 sounds like a lot if the situation isn't complicated. If the money they are going to protect is the spend down, that's easy to do on your own but if they are going to protect other things, then maybe? You could always contact the pooled trust beforehand and they could advise you. I also think the office of the aging here helps with the forms for free. Good luck!

@caring42 I find the recertification to be easy, I just fill in any new information since SS changes year to year, the account balances and proof of monthly payments to the trust. I'm surprised that you have issues but maybe each state is different.

xinabess: I am going to give you a big "YES" here; do go see an elder estate lawyer. But my question to you is why have you removed your info on your profile? I can't find out who you're caring for because you don't say on your profile. Also it wouldn't let me send you a private message on the message board. What is going on?

This is a great question, and there are several good comments posted by members of our AgingCare.com community.

One of the members mentioned that her father had "a significant monthly spend down" to qualify for Mediciad, even though her mother is still living.

This is one example of the many complexities of applying for Medicaid coverage for nursing home care. Unless both spouses need nursing home care, you shouldn't need to spend down their assets; Medicaid regulations require only that the assets be held in a way that complies with the laws and regulations in your state that protect Medicaid applicants and their spouses. Often, it takes an attorney in your state who is trained in the field to recognize all of the facts and know which regulations can help people who are going through tough times of transition.

A Committee On The Unauthorized Practice Of Law Appointed By The Supreme Court Of New Jersey issued an Opinion on May 16, 2016 to answer questions involving people in similar situations.

The New Jersey committee took a look at: "non-lawyer advisors [who] advised a family member that she could receive monies as a caregiver when the family member did not qualify for that status; advised a family member to spend down an IRA when it would have been more reasonable to purchase an annuity with those monies; advised a family member to draw down her assets when it would have been more sensible to transfer monies to a disabled child; advised a family member to transfer real estate when it would have been prudent to address the significant tax implications of that plan; and the like."

In all of those situations, you need legal advice to protect yourself and your family.

"[A]dvisors [had] also counseled people on wills and powers of attorney; on the need for guardianships and the authority to transfer assets; on the standards for Medicaid coverage; on nursing home laws; on transfers of property; on the impact of marriage and divorce; on estate administration and the elective share; and similar legal matters." The New Jersey Committee said that these non-lawyer advisors "may not provide legal advice on strategies to become eligible for Medicaid benefits, including advice on spending down resources, tax implications, guardianships, sale or transfer of assets, creation of trusts or service contracts, and the like."

Guidelines may be available in your state for decisions on whether to go with a non-lawyer application preparer, or hire an elder law attorney who understands the laws and regulations that can help you.

In 2011, another review board in Ohio came to the conclusion "that Medicaid planning requiring specialized legal training, skill, and experience constitutes the practice of law. However, especially in situations where the applicant’s income and resource levels are near the Medicaid limits, there may be some Medicaid planning scenarios involving only document review and a financial calculation." So, "whether nonattorney involvement in Medicaid planning constitutes the unauthorized practice of law must be determined on a case-by-case basis."

The Attorney General in Tennessee said people should consider "whether the legal assessments or advice at issue would require the professional judgment of a lawyer."

The Florida Bar’s Standing Committee on the Unlicensed Practice of Law heard evidence in 2015 about the types of harm caused by non-lawyer Medicaid planners, including: Denial of Medicaid eligibility, Exploitation, Catastrophic or severe tax liability, and Purchase of inappropriate financial products threatening or destroying the client’s life savings.

These results illustrate how you may not end up saving money by relying on a Medicaid application preparation service.

Read more at:
https://www.judiciary.state.nj.us/notices/2016/n160518c.pdf

http://www.floridasupremecourt.org/decisions/2015/sc14-211.pdf

I would agree that a lawyer that specializes in elder law would be worth the money. Medicaid is very cumbersome, and can be tricky. If she is not married, any assets she has (even in a trust) can be recovered, even after she dies, so be sure you get someone who really knows what they are doing and has done it before. It would not be out of line to ask for recommendations and call people this lawyer has helped, (or their family members) to see what happens later. If she does not own a home, or have significant $$, you can probably do ok with the help of your local DHS office. Before you pay the lawyer, I would make an appointment to meet with a social worker from the DHS and just talk about what her options are. When my gma had to go to the nursing home, her only asset was her home. The gov't ok"d her Medicaid to pay for the nursing home care, but put a lean on her house. So when she passed away, there was $23,000 that had to be repaid to get clear title to the house. My sister wanted the house, and took out a loan to pay the $ and it all worked out fine. But the gov't will look for assets and they have a "recovery" program. Also, you can't transfer assets within 5-7 yrs of needing Medicaid or that is seen as fraud.

absolutely worth every penny, if she will eventually run out of money and you can't afford to hire help. It might make the difference of staying in her home or going to a nursing home. There are other agencies, besides lawyers that do this medicaid thing and they are legit as well, and probably dont charge as much, just get a personal recommendation.

which other agencies can help me with setting up my mom to a nursing home...or assistance in her living at her place? I know an attorney can be very helpful,but it takes time to see which attorney is the most helpful.Im the only sibling my mom has and dealing with this issue myself can be very time consuming.

We just had our first meeting with an attorney for this reason and I can tell you the help she is giving us is well worth the price.

i did the paperwork for my aunt. When i had the stumbling questions, i contacted Legal Aid [i got their contact number from Area on Agency for my region]. If someone is needing to file for Medicaid, they aren't going to have resources for an attorney - and even your funds will go fast, as generous as you are. Try Legal Aid or your State's Senior Services Counsel [usually located in the County Seat]. God Bless - you can do this.