It is not illegal to plan for nursing home expenses and to work with the rules given by our federal and state government to access available resources. It is, however, illegal to hide assets from the government in order to qualify for Medicaid. The asset plans created by our firm involve complete disclosure to DFCS when we apply for Medicaid. Elder law attorneys work with the rules, regulations, and laws to help families pay for the expensive care needed for their loved ones.
Medicaid Planning is Legal
The advice and work that we do for our clients is all done within the legal limits of our laws. Some still think that it is wrong (although legal) to plan for nursing home expenses and to plan for Medicaid eligibility. This is a question of ethics. Is it ethically okay to do Medicaid planning?
Medicaid Planning is Ethical
In 2002, the William Mitchell Law Review published an article by two elder law attorneys (Tim Takacs and David McGuffey) titled, “Medicaid Planning: Can It Be Justified? Legal and Ethical Implications of Medicaid Planning.” This article laws out both the objections and defenses to Medicaid planning. It can be accessed here: https://open.mitchellhamline.edu/wmlr/vol29/iss1/2 and is worth reading if you are concerned about the ethics of Medicaid planning.
If you are interested in learning more, please contact our office at firstname.lastname@example.org or 404-843-0121.