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Writer's pictureRuth-Ann E. Toups

Why You May Need an Attorney to Help You Apply for Medicaid

Medicaid is a complex public benefit that many elderly individuals rely on to help pay for long-term care. Medicaid can be a wonderful benefit for the elderly, but it can also be dangerous, if proper planning techniques are not used.


An attorney can guide you through the complex rules. Since Medicaid is administered differently in each state, there are 50 separate sets of rules and regulations across America. This can lead to some confusing internet searches. I have advised many clients that have made missteps based on information found on the Internet. The information was often correct, but only for a certain state’s rules. An attorney can help guide you through the complex rules and regulations of Medicaid in your state.


An attorney can help your loved one qualify. Speaking of complex rules and regulations, there are often tools and tricks to help your loved one qualify for Medicaid. I have helped many families who were told by others they would not qualify for Medicaid. An attorney should have the knowledge to develop a plan to help your loved one qualify for Medicaid.


An attorney can prepare the application for you. Preparing a Medicaid application and gathering necessary documentation can take hours or even days. An attorney can handle this task for you with a keen awareness of exactly how your local Medicaid office prefers applications be compiled.

An attorney can act as your communicator. Getting in touch with someone at your state’s Medicaid office can be a challenge. Understanding what they need or are looking for can be even more difficult. An attorney can act as your communicator, speaking to Medicaid on your behalf and expediting the application process.


An attorney can help your loved one avoid estate recovery. Every state has a Medicaid Estate Recovery Program that may be able to claim against an individual’s estate who received Medicaid. Most of the time, these claims can be planned for and avoided with proper planning. An attorney can implement necessary step to avoid the Medicaid Estate Recovery Program.

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