The Role of an Elder Law Attorney

As my numerous postings have indicated, there is often a great discrepancy between the federal Medicaid statute and the state's position. That is, the state is often violative of federal pre-emption.

Therefore, your role as an elder law attorney is not to dictate to a client the path to take. Rather, one should point out the various alternatives, the benefits and the risks.

Such areas as the will of the community spouse, spousal refusal and exempt transfers present issues that are equivocal and not easily decided.

Similarly, whether a child has provided the necessary care to be deemed a "protected transferee," is a subjective issue.

Therefore, it is your role to point out the issues, possibly give recommendation, but not dictate to a client the course to take.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© August 2011, Post 157