Legal Question in Elder Law in New Jersey

Are all attorneys who do estate law and elder law qualified to handle Medicaid planning/spending down - particularly when the couple is elderly - one in nursing home now - the finances were never properly arranged and there is over $ 1, 000, 000. in assets and cash?

A couple I know is in this situation and their children had the wife hire "senior planners" for $ 7, 500.00 who sold themselves as "the Medicaid Experts" yet now say it's unusual to deal w/ this much cash/assets and suggested she hire an Estate attorney who specializes in these Medicaid issues - one of their reps says she cannot buy her son's house - he and family will continue to live there - one "senior planner" said "absolutely not" as it would be considered a "gift" to her son and would disqualify her from Medicaid. Another same firm "specialist" consulted w/ several of her supervisors and they said not sure and to hire estate lawyer who specializes with Medicaid planning.

Now her daughter and husband hired 2 lawyers, said one is estate lawyer, not sure about other, and said she CAN buy her son's house - he and family continue to live there - and still qualify. The wife is completely confused, and despite their best intentions, her children don't really know what they are doing and the wealthy daughter is handling everything. I am good friend of family and would like to be sure mother's best interests are really being served in the long run but husband of daughter has ordered I not be told anything (I am caring for parents and mother WANTS me to know so finally someone can explain whatIis going on).

So that's why I need to know if the Medicaid is truly a specialized field of legal practice for this situation, not just "regular" elder or estate law.

Thanks for a response.

Asked on 8/07/13, 8:26 am

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.
0 users found helpful
0 attorneys agreed

Medicaid planning is a specialty, distinct and separate from estate planning.

with this much at risk, these folks need some clear guidance. you are not near me, but if they are in northern NJ, I will recommend a couple guys I know who will NOT run around like chickens but will give these folks some clear guidance.

Read more
Answered on 8/07/13, 8:30 am

Related Questions & Answers

More Elder Law questions and answers in New Jersey

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now