As a follow up to our previous post about the “..Unauthorized Practice of Law and Medicaid Applications”, we offer these points from the NAELA panel discussion.
Why is it important to have a trained Attorney rather than a Non-Lawyer assist with Medicaid Applications?
- Often Non-Lawyers are providing inaccurate advice to a Family member resulting in significant financial harm to their loved one and other family members.
- The untrained Non-Lawyer may cause serious emotional and financial stress when a Medicaid Application is denied because the untrained Non-Lawyer makes certain recommendations that results in dis-allowance of Medicaid coverage.
- The trained Attorney can consider an overview of the Family member and recommend certain approaches that will assist or aid in granting the Medicaid Application while at the same time, attempting to preserve assets for their assistance in the future.
- If you or someone you know has been affected by this problem, you are encouraged to report it to the Texas State Bar Association Ethics Committee. (the contact information for filing a grievance about a Texas attorney is 1-800-932-1900)
- What these Non-Lawyers are doing is an Unauthorized Practice of Law, and under the Texas Human Resources Code may be a criminal offense
“Members of the National Academy of Elder Law Attorneys (NAELA) are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities.”
For more information about NAELA, or to locate an attorney who is experienced in estate planning and other needs of elderly and their loved ones, please visit:
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.