Can an Elder Law Attorney Guarantee Medicaid Approval in Florida?
If you're thinking about hiring a Medicaid planning attorney, you probably have one big question on your mind: "Can you guarantee that my loved one or I will be approved?"
It's a fair question. You're trusting someone with your life savings, your family home, and your peace of mind. So here's the honest answer from Jason Neufeld of Elder Needs Law: no, and no Florida attorney can.
Why the Florida Bar Doesn't Allow Guarantees
The Florida Bar prohibits attorneys from guaranteeing a legal result. There's also a practical reason behind that rule. The final decision on a Medicaid application doesn't belong to your lawyer. It belongs to the government.
What an attorney can offer is a track record. Our firm has been helping Florida families with Medicaid planning for a very long time, and we've had several thousand applications approved. We've also hired people who used to work for Medicaid, so the way the system really operates is part of our daily work.
Medicaid Planning Is Not About Hiding Assets
Some people hear "asset protection" and picture something sneaky. That's not what this is. Medicaid planning means taking Medicaid's own rules and applying them to your situation. Every strategy we recommend is legal and appropriate, and every one follows Florida Medicaid's own regulations. Nothing we do is designed to hide anything from anyone.
The Only Two Reasons a Medicaid Application Gets Denied
According to Jason, there are really only two situations in which an application gets denied. We can fix one of them. The other one we can't.
1. The government makes a mistake (we can fix this)
Even a perfectly prepared application can run into an error on the government's side. It happens more often than you'd think. This is one of the biggest benefits of working with an experienced elder law firm. We prepare your strategy, prepare the application, submit it, and then stay with it as it moves through the different agencies involved.
When a mistake does happen, we step in. We have working relationships with the attorneys and supervisors at the Florida Department of Children and Families (DCF), the agency that decides whether someone is eligible for Medicaid. If we can't get the problem corrected at that level, we take the next step and advocate for you at a fair hearing. A fair hearing puts your case in front of a neutral decision-maker.
Jason puts it this way: every application that should be approved ultimately gets approved, even if there's a delay along the way.
2. A client doesn't disclose everything (we can't fix this one)
This is the situation that gives us the most trouble. Sometimes a client leaves something out on purpose. More often it's an honest mistake, like a forgotten bank account, an old retirement account, or a piece of real estate no one thought to mention.
Here's the issue. Your attorney doesn't run a separate asset search. We rely on you to tell us where the bank accounts are, what's in the retirement accounts, where the real estate is located, and so on. When we submit an application, the state can conduct its own investigation. If the state finds an asset we didn't know about, the application is denied, and there's nothing to appeal. The government didn't do anything wrong, so an appeal wouldn't be appropriate.
The good news is that this can be turned around. Once we know where the asset is, we can build a new plan and submit a new application. But it costs time, and time matters when someone needs care.
Jason's advice is simple: "The truth will set you free." Tell your attorney everything, even the things you think don't matter.
What We Can Promise You
We can't guarantee an outcome, but here is what you can count on when you work with Elder Needs Law:
- The most effective Medicaid planning strategies available under Florida rules
- A careful review of your complete situation
- A well-prepared application built on years of experience
- Help from our team through every government agency involved
- Advocacy through DCF and, when needed, a fair hearing
We won't hand you a plan and disappear. If a problem comes up with the government, we stay and fight for you.
Talk With Elder Needs Law About Your Florida Medicaid Plan
If you live in Florida, are thinking about moving here, or have a family member in the state, we'd love to talk with you. Elder Needs Law helps families with Medicaid planning, estate planning, special needs planning, and probate. A single consultation can give you a clear picture of where you stand and what your options look like.
Schedule your consultation today at https://elderneedslaw.com or visit https://medicaidplanninglawyer.com to get started.
Want More Information on Paying for Long-Term Care?
Jason has also written a book for families facing the cost of long-term care. Medicaid can cover some of your long-term care expenses, and his book shows how: https://www.amazon.com/Medicaid-some-your-long-term-expenses/dp/1513634712
