Marian S. Rosen on Unauthorized Practice of Law and Medicaid Applications

Seniors and others may be harmed when non-attorneys or other untrained persons assist them in filing for Medicaid benefits. Having a competent elder law attorney assist in this process can result in positive results.

Marian Rosen joins colleagues in a panel discussion about this important topic at the Texas NAELA (National Academy of Elder Law Attorneys) Summer Conference in Galveston on August 2, 2017.

While laypersons may help a person to fill out the basic information for an application, advising applicants on setting up trusts or otherwise reassigning assets may enter the area of unauthorized practice of law.

“Non-attorneys are attempting to assist individuals with qualifying for Medicaid benefits to the detriment of those individuals. This area of the law is highly specialized and complicated and includes tax considerations, fiduciary liability, and other issues.”

Consumers may be unnecessarily being denied Medicaid benefits and incur unforeseen tax penalties when non-lawyers getting involved in these complicated issues.  Such situations often occur for seniors and others at vulnerable times, such as when entering a nursing home or assisted care facility.

The Texas NAELA Summer Conference is held in connection with the University of Texas School of Law, Texas Chapter of National Academy of Elder Law Attorneys.  Attorney Rosen is honored to be presenting along with her distinguished colleagues on this important topic.

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Rosen & Spears is a plaintiff law firm which seeks to protect the rights of healthcare consumers and their loved ones through medical malpractice, nursing home neglect, financial abuse of seniors, and other types of claims. For more information, please contact us.