Medicaid planning advice from non-lawyer could spell trouble - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
October 3, 2019 Newswires
Share
Share
Post
Email

Medicaid planning advice from non-lawyer could spell trouble

Palm Beach Post (FL)

Q: My husband's nursing home referred me to an agency to help me get Medicaid benefits for him. At 77, I have a small fixed income and need to hold into the little I have for my remaining years. The agency's staff person said I shouldn't report the $4,000 my husband gave our son two years ago to pay for his divorce. She said that's the advice from the agency's attorney who works with her, but it sounds fishy to me. I already gave this agency a $2,000 retainer. I don't know if they'd refund it if I walked away.

A: You have good reason for concern. Hiding assets and falsifying information on a Medicaid application is a crime. Certain gifts may be exempt from Medicaid penalties and are permissible, but even so, you must report them. All this could end badly for you, even if you are just following the advice of a so-called expert.

In 2015 the Florida Supreme Court ruled that a non-lawyer who provides advice on implementing Florida law in order to obtain Medicaid benefits is practicing law without a license, which is a crime. Just preparing the application is not unlawful, but in your case the agency is doing more than that. That an attorney is supposedly supervising the process is irrelevant; the agency is still committing unlicensed practice of law if you do not personally meet with the attorney and pay him/her.

It is prudent to cut ties with the agency. Remind them you were told not to report the gift; that may give you some leverage and make them more inclined to refund your money. Even if you lose your retainer, that may be a minor loss compared to what you would lose if you were found to have submitted an intentionally false Medicaid application. Then see an experienced Florida elder law attorney.

Joseph Karp and Jonathan Karp are Florida Elder Law and Estate Planning Attorneys. The Karp Law Firm is located in Palm Beach and St. Lucie counties. It assists clients with wills, trusts, Medicaid and VA benefits planning, special needs planning, asset preservation, probate/ trust administration, estate litigation, and probate and elder law mediation.

_____________________________

The Karp Law Firm, P.A.

Palm Beach Gardens, 561-625-1100

Boynton Beach, 561-752-4550

Port St. Lucie, 772-343-8411

www.karplaw.com

Have a question? Contact us here.

___

(c)2019 The Palm Beach Post (West Palm Beach, Fla.)

Visit The Palm Beach Post (West Palm Beach, Fla.) at www.palmbeachpost.com

Distributed by Tribune Content Agency, LLC.

Older

Alaska’s northern fur seals find refuge on tip of volcano

Newer

When Disaster Strikes, Seconds Count: Aging Life Care Managers help Seniors Create Evacuation Plans

Advisor News

  • The rise of the ‘gray divorce’ insurance client
  • Succession planning: Building the future of your practice
  • From loss to security: Supporting widowed clients with life insurance
  • Plan now for lower Social Security benefits later
  • The conversation almost no advisor is having yet
More Advisor News

Annuity News

  • Empower Annuity Insurance Company of America Trademark Application for “EMPOWER WHAT’S NEXT” Filed: Empower Annuity Insurance Company of America
  • Industry pushes back on linking ‘financial strength’ to annuity illustrations
  • Sammons Enterprises & Sammons Financial Group Respond to Reports
  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
  • Cayman Islands premier to meet with U.S. reinsurance regulators
More Annuity News

Health/Employee Benefits News

  • What is most important to consider when choosing an Advantage Plan?
  • Executive benefits evolve beyond retention as workforce pressures mount
  • Young and insured? You could still face thousands in medical bills
  • Wildfire smoke, increasing in frequency, has implications for morbidity
  • Becerra, running for governor of California, faces a health insurance problem
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Wildfire smoke, increasing in frequency, has implications for morbidity
  • Record IUL sales don’t diminish the need for continued customer engagement
  • Benchmark International Successfully Facilitated the Transaction Between National Group Marketing Trust and New Era Life Insurance Companies
  • Why the bond market is flexing its muscles, and why everyone needs to care
  • An Application for the Trademark “LIVE TODAY, SECURE TOMORROW.” Has Been Filed by Security Mutual Life Insurance Company of New York: Security Mutual Life Insurance Company of New York
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet