Elder Law is a complex area of law that incorporates many different legal issues, including estate planning, Medicaid eligibility, Social Security retirement benefits, guardianship, Special Needs Trusts, Miller Trusts, long-term care as well as many other issues.

elder law

Although Medicaid planning is often a major concern for many elderly persons, there are many other additional factors to consider. Focusing on satisfying the eligibility requirements for means-tested government assistance programs is not always the best way to approach caring for an elderly person. Some elderly persons may benefit more from buying long-term care insurance than trying to qualify for Medicaid benefits, but even if qualifying for Medicaid benefits is identified as the best method to provide care for an elderly person, it is important to comply with all the federal regulations governing eligibility for Medicaid. Failure to comply with all applicable regulations may result in increased costs and possibly even charges related to fraudulent activity. In the State of Texas, it is illegal for a person who is not licensed as an attorney to charge a fee for providing legal assistance or advice, which includes helping an individual qualify for Medicaid benefits. A non-lawyer who accepts a fee related to Medicaid planning can be reported for the unauthorized practice of law. A number of Texas residents have lost money by relying on the advice of non-lawyers when making important decisions about the care of an elderly family member. It is important to seek the advice of an attorney when planning for the care of the elderly.

 

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