When you might need an attorney’s assistance with a Medicaid application

If you care about making sure the application is filed correctly and processed swiftly, the you should consult with an elder law attorney and probably hire him or her.

Attorney assistance in completing the application is advised if any of the following are concerns: (1) the applicant made significant gifts within the look-back period; (2) the applicant has a trust or annuity; (3) the applicant has significant resources and cares about protecting them; (4) the applicant owns legacy property that needs to remain in the family; (5) the applicant is over the income cap and needs a qualified income trust; (6) the applicant has no power of attorney and no guardian; or (7) the applicant has no friends or family to assist in finding and providing the required verification. Also, if the applicant’s family has been getting Medicaid advice from the neighbor lady across the street, then it’s a good idea to speak with an elder law attorney.

When there is a Community Spouse, an experienced elder law attorney can usually protect the entire marital estate (less what you’ve already spent), for the benefit of the Community Spouse. If there is a disabled child, an experienced elder law attorney can usually protect the entire marital estate (less what you’ve already spent), for the benefit of the disabled child.

Keep in mind, if anyone other than YOUR advocate is helping you with your Medicaid application, all they care about is getting paid. They are not working for you.