Review of the Need for Other Professionals

It has been stated, and I agree, that it is an obligation of an attorney to advise a client of long-term care insurance before undertaking transfers for any reason. There are many long-term care insurance experts and it is an attorney's obligation to recommend an individual who in the attorney's judgment is most knowledgeable in the area.

I have also discussed the need for a geriatric care manager. Such person is necessary to advise the attorney of the proper facility that an individual should live in. That is, the most basic doctrine of elder law is that a person should live in the least restrictive environment. Therefore, whether the home, an independent living facility, an assisted living facility or a nursing home is most appropriate, is a decision that should be made by a geriatric care manager.

I have discussed the need for an accountant to prepare an individual's tax return, the payment of such tax being part of the spenddown process.

An attorney should have colleagues with whom the attorney consults in light of the confusion of the New Jersey Medicaid law. Particularly, an attorney should have a relationship with legal services, who often are aware of the benefits available.

A disabled child has special status under the Medicaid law. Often, such individual will not have qualified for social security benefits. The state will make its own determination if sufficient information is provided.

It has been discussed in Post 103, that once Medicaid planning is undertaken, financial planning or estate planning is no longer relevant. Therefore, it is necessary to have a relationship with a broker, who would be available to liquidate the individual's stocks or retirement plans.

Also, an attorney should consult with someone regarding Medicare and supplemental benefits. An individual in a nursing home, may require medical treatment, and the cost of the Medigap are covered by Medicaid as discussed in Post 1.

A relationship with administrators of various nursing homes would be advantageous, particularly if you require immediate placement in a nursing home. Such relationship is also advantageous in light of the fact that admission agreements also often have unenforceable contracts, such as a third party guarantee. Convincing the nursing home to eliminate such requirement although required by law (both state and federal), is a difficult task.

Finally, I think it would be helpful if an attorney has experience with a Medicaid supervisor in each of the counties in which he or she practices. This dialogue is often necessary if there are equivocal issues regarding Medicaid.

The list of other professionals is probably infinite, but the above represents some of those that should be part of every elder law attorney's arsenal.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© October 2011, Post 165