A Warning on Medicaid Planning

What’s wrong with a person just working with a “Medicaid planning service” to obtain Medicaid?  The main reason is because it is aagainst the law: The Texas Human Resources Code Section 12.001 states that non-attorneys are prohibited from charging a fee for assisting or representing a person in obtaining Medicaid benefits from the department. The penalty for violating this practice is a Class A Misdemeanor, punishable by jail and fine.

Beyond the obvious desirability of acting within the law, Medicaid eligibility rules are complex, fact-specific and change frequently. Elder Law attorneys are knowledgeable about these matters and greatly enhance the client’s ability to obtain accurate, thorough and reliable advice on your options. Mistakes can be extremely costly, not only monetarily, but in time and stress level as well.  Information from non-attorneys is often inaccurate or incomplete.

Instead of taking steps based on what you’ve heard from others, doing nothing, or enlisting a non-lawyer referred by a nursing home, please consider hiring an elder law attorney to help you navigate these rough waters.

This article is written by an attorney at Wyatt & Mirabella, PC. Always consult an attorney before making any legal decisions. To make an appointment today for a free consultation, please click here to contact us.

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