Understanding your Medicaid benefits can be confusing. You’re at a stage in your planning journey that may require help from a professional, and there’s so much information to sort through and understand. “Who can give the best guidance? What are the right questions to ask moving forward?”
Many seniors encounter obstacles and uncertainties while navigating Medicaid information and eligibility.
In this article, we’ll cover the differences between an Elder Law Attorney and a Certified Medicaid Planner™ and which may be more beneficial to you at the start of your planning. We’ll also provide a few important questions to ask a potential attorney so you can feel more confident in the help you will be receiving.
Table of Contents
- Should I Talk to an Elder Law Attorney or a Certified Medicaid Planner™ First?
- What Questions Should I Ask a Potential Medicaid Lawyer?
- How Do Elder Law Attorneys and Certified Medicaid Planners™ Work Together?
- Why Many Families Trust Certified Medicaid Planners™ for Medicaid Guidance — and How Legacy Navigation Can Help
Should I Talk to an Elder Law Attorney or a Certified Medicaid Planner™ First?
Understanding what an elder law attorney handles versus what a Certified Medicaid Planner™ covers will help you decide who to turn to first for assistance. Once you’ve learned the specifics of each option, you should have a clearer path of which will best suit the help you need.
Typically, attorneys charge per hour, and their cost is significantly more than a Certified Medicaid Planner™. If you’re looking for help on legal matters associated with Medicaid, attorneys often handle a variety of areas. On the other hand, planners focus exclusively on Medicaid eligibility and planning at a lower, flat-rate cost.
Beginning with a planner will provide you with expertise in all areas of Medicaid, assuring that your future care and finances are in capable hands. On the planning journey, your planner will assess your situation and let you know if legal assistance is required.
Legal matters elder law attorneys focus on, along with Medicaid planning, include:
- Wills and trusts
- Asset protection
- Power of attorney
- Guardianships or conservatorships
- Estate administration or probate
- Long-term care contracts and legal disputes
Tasks covered by Certified Medicaid Planners™ with expert focus and priority include:
- Power of attorney
- The Medicaid application
- Structuring your financial resources
- Asset protection planning
- Personal caregiver agreements
- Coordinating medical and psychosocial evaluations
- Federal and state Medicaid guidelines
- Mediating between caseworkers, facilities, and families
- Educating you on resources and providing referrals to your specific situation
The Shift Toward Home and Community-Based Services (HCBS)What Questions Should I Ask a Potential Medicaid Lawyer?
Before hiring a Medicaid lawyer, it’s important to ask them questions to make sure they are the right fit for your needs. Inquire about cost, certifications, experience, and whether their specific focus or priority is Medicaid planning.
#1: How Much of Your Legal Practice Focuses on Medicaid Planning?
Verifying how often a potential attorney handles Medicaid eligibility will give you insight into their experience and familiarity with its requirements. Since attorneys manage a range of areas within elder planning, they may not have the time or knowledge needed to handle all aspects of the Medicaid application and long-term planning.
A Certified Medicaid Planner™ works with seniors daily to help them through the application process. A specialist who solely focuses on Medicaid planning has the expertise to develop a customized plan based on your unique situation.
Legacy Navigation’s primary goal is to remove the burden of long-term planning and take away the stress of applying for Medicaid alone. Let us help you prepare and plan for your future.
#2: Are You Certified in Elder Law or Medicaid Planning?
Attorneys who are board-certified in elder law are licensed to provide legal advice and handle legal matters. Their specialty is more focused on the legal aspects of Medicaid and long-term estate planning.
A Certified Medicaid Planner™ is an expert in all areas of Medicaid. Their focus is not on the legal aspects, but on the administrative work that is involved in navigating the process effectively.
#3: Do You Help With the Medicaid Application or Only the Legal Documents?
Applying for Medicaid can be a daunting task. Finding the right kind of help can make all the difference in your application process.
Many attorneys draft trusts and powers of attorney, but leave the application process to the family or Certified Medicaid Planners™. Hiring an attorney who only takes care of the legal requirements involved may not help guide you in successfully planning for your future.
#4: What Is Your Typical Fee Structure for Medicaid Planning Cases?
Determining whether a lawyer charges hourly or a flat rate fee may give you insight into whether the cost is worth the time they can put into the services you require. Medicaid planning involves back-and-forth communication as well as time assessing and planning. A lawyer who charges hourly will likely be costly, considering the time put into Medicaid planning can be extensive.
A Medicaid planner is more affordable, as they charge you a flat-rate fee for full services. You won’t have to stress about the time your situation requires or how much effort is put into a short time period to keep costs lower.
#5: How Do You Protect a Healthy Spouse’s Finances When the Other Needs Long-Term Care?
Confirm a lawyer’s knowledge and understanding of spousal impoverishment protections and asset-transfer strategies that are compliant with Medicaid. If this is a stipulation you require to move forward with the Medicaid application, be sure to hire a professional who can properly navigate these rules and apply them to your situation.
#6: Do You Coordinate With Financial or Clinical Professionals During the Planning Process?
When seeking professional help with the Medicaid process, you’ll want to find someone who understands both finance and the medical requirements. Since Medicaid eligibility depends on both income and medical need, you’ll need a lawyer who is willing to coordinate with other specialists in these areas, so your application is done with accuracy.
Legacy Navigation’s Medicaid consultants not only have knowledge and experience in Medicaid planning, but also come with a clinical background. Our team helps clients qualify for and navigate the Medicaid process and successfully plan for their long-term care needs.
#7: How Do You Handle the Medicaid “Look-Back” Period and Potential Penalties?
Hiring a professional who understands what will affect your eligibility and has the knowledge to help you make adjustments that will minimize penalties and protect your eligibility is important.
You’ll want to trust that they can review past financial activity that may cause an issue and know how to implement corrective strategies to mitigate them.
#8: How Do You Stay Current on Federal and State Medicaid Regulations?
Asking a potential lawyer how often they educate themselves on Medicaid’s updated rules and regulations will give you an idea of how familiar they are with current information.
#9: Do You Provide Guidance on In-Home and Assisted-Living Medicaid Waivers, or Only Nursing Home Benefits?
Some attorneys focus solely on institutional care, while others understand community-based programs, too. Choosing an attorney who has insight into both in-home and assisted-living Medicaid waivers, as well as nursing home benefits, will ensure you can explore all your options.
#10: Do You Collaborate With Certified Medicaid Planners™ or Other Specialists When Needed?
Confirming the collaboration between a potential lawyer and Certified Medicaid Planners™ or other specialists lets you know that all aspects are taken care of with the most experience and knowledge possible. Working with a lawyer who understands the importance of bringing in certified experts will ensure eligibility and that clinical assessments will be handled properly.
How Do Elder Law Attorneys and Certified Medicaid Planners™ Work Together?
Certified Medicaid Planners™ typically handle Medicaid eligibility strategy, financial organization, and application preparation, while attorneys handle legal instruments and representation. Each specializes in its own field and may require the others’ services in certain situations.
Legacy Navigation’s team frequently coordinates with elder law attorneys when a client requires legal representation or documentation. We ensure that all aspects of Medicaid planning for seniors are done accurately and through the proper avenues.
Why Many Families Trust Certified Medicaid Planners™ for Medicaid Guidance — and How Legacy Navigation Can Help
Seeking guidance from consultants who specialize exclusively in Medicaid planning provides assurance that your needs will be carefully and expertly handled. Our team at Legacy Navigation is more than a financial advisor — we have 40+ combined years in the healthcare industry, giving us the ability to provide holistic senior care planning.
Contact us today for a free consultation and let us ease your worry and stress when it comes to your future.
