Non-Attorney Medicaid Planners Cannot Provide Legal Advice
What Should I Do?
Who can advise me about protecting my home?

LEGALLY Protect Your Assets
Hire an Elder Law Attorney for Medicaid Planning

A licensed attorney is the only person who can give you all of the legal options for Medicaid planning and asset protection. In 2015, the Florida Supreme Court advised that if anyone other than a licensed attorney provides legal advice about Medicaid planning, they would be guilty of a third-degree felony per Florida Statute §454.23.
Only a licensed attorney can give advice about Medicaid restructuring strategies.
Non-Attorney Medicaid Planners cannot:
  • Prepare or recommend Personal Service Contracts.
  • Prepare or recommend Qualified Income Trusts, as well as advising how to gather the information needed to prepare the Trust.
  • Sell Qualified Income Trust kits or forms for Medicaid Planning.
  • Provide legal advice for restructuring and spending down assets for Medicaid.
Non-Attorney Medicaid Planners are Unregulated &
Have No Training Requirements
As noted by the Florida Supreme Court, Medicaid planners that are not attorneys do not have a license, no regulations, advertising or education requirements. Without a license to practice law or malpractice insurance, if your Medicaid case is denied due to the fault of a non-attorney Medicaid planner, you will have no legal recourse.
Seek Long-Term Care & Medicaid Planning Advice from an Elder Law Attorney
Unlike non-attorney Medicaid Planners, our elder law attorneys have the skills and legal ability to discuss very important legal issues that can come up during the Medicaid planning process.
Some of the issues and common questions asked include:
  • What are the income and other potential tax consequences?
  • How do estate planning documents such as wills and trusts fit in?
  • Do you have to sell or transfer your home?
  • How can you plan for other family members, such as a spouse or dependents?
  • What are the benefits and drawbacks to the various Medicaid planning strategies?
Top Reasons to Hire Our Elder Law Attorneys
for Medicaid Planning
  • Our elder law attorneys are formally trained. They are required to pass a state bar exam, and they are required to go through a character and background investigation. Click here to meet our team.
  • Our elder law attorneys are required to continue their education and earn credits. In Florida, attorneys must complete at least 33 hours of approved continued education learning (CLE) every 3 years.
  • Our elder law attorneys are required to follow ethical rules and standards.
  • Our elder law firm carries malpractice insurance which provides you with legal recourse if we make a mistake.
  • Our elder law attorneys are regulated by the Florida Bar. We are also members of these associations, sections and committees:
  • Florida Bar – Elder Bar Section
  • Florida Bar – Real Property & Probate Law Section
  • Jacksonville Bar Association
  • Elder Law Committee and Pro Bono Committee
  • Fourth Circuit Pro Bono Committee
Protect Your Assets Legally Hire DiFranza Law
for Medicaid Planning
Not all elder law attorneys are created equal. You will want to ask what areas of elder law the attorney focuses. Seniors and their family members will be affected by legal and financial issues as they age. In addition to wills, trusts, guardianship, powers of attorney, some elder law attorneys can also assist with long term care options and public benefits planning, i.e., Medicare, Medicaid, SSI, and SSDI. Ensuring your elder law attorney has a basic understanding of the tax implications of these matters is very important.

To learn more about Finding the Right Elder Law Attorney, check out this article on our website: https://difranzalaw.com/finding-the-right-elder-law-attorney/

To schedule a consultation with us, click here.

Location

3840 Belfort Road, 

Jacksonville, FL 32216

Hours:

Monday – Thursday

9:00 a.m. – 4:00 p.m.