“You Get What You Pay For”

One of the best aspects of an elder law practice is interacting with numerous and varied personalities and family dynamics. They are ever changing, generally enjoyable and sometimes amusing. The component we do not find ever changing, enjoyable or amusing is that of people taking ill advice from family, friends, and/or neighbors with regard to Medicaid eligibility. Things like, “well, my neighbor said all I need is a Miller trust and mom will be eligible.” Or “Well, my second cousin says all we have to do is deed the farm over to the kids. “ Or, “Well, I read on the internet that those kinds of trusts don’t work any more.”

There are times when well-meaning friends, family and/or neighbors can be fountains of good information. But we have found that in elder law, this is not generally the case. For one thing federal regulations pertaining to elder law are generally counter-intuitive. Also, terms used commonly in other areas of the law may have completely different definitions in this context. In addition, while Medicaid is a federal program, each state administers the program under state guidelines so obtaining advice from someone who lives in another state will not help. Finally, rules and regulations change so what worked for one friend’s parent five years ago will not necessarily work this year.

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.