Medicaid Application
Why You Should Entrust It to an Elder Law Attorney
By Daniel Khaldarov
In New York State, it’s not mandatory to hire an elder law attorney to complete a Medicaid application. You have the option to handle the process on your own. Additionally, various organizations, agencies, or hospital and nursing home departments may offer assistance in preparing and submitting the application, often for little or no cost.
However, you should be cautious when accepting such help. These entities are not required to inform you of your legal rights and are prohibited from providing legal guidance or implementing legal strategies. Relying on these services could put you or your family at risk.
Be Cautious of:
- Offers to complete Medicaid applications at no cost or for a substantially reduced fee. If the deal seems too good to be true, it likely is.
- Individuals presenting themselves as attorneys or offering legal advice without proper verification that they are licensed in New York State.
- Promises of guaranteed Medicaid eligibility or other government benefits.
- Organizations that exclusively focus on securing Medicaid benefits, as they may not be accountable if they fail to do so.
Potential Risks When an Elder Law Attorney Is Not Consulted
Medicaid laws are complex, and only an Elder Law Attorney is obligated to fully inform you of your legal rights under these rules and to accurately answer any questions. Unlike those working for the nursing home or hospital, an attorney is bound by ethics to represent your best interests. Not using an attorney could result in:
- Overlooking spousal rights
- Missing opportunities for asset protection
- Incomplete or incorrect application submissions
- Application denials due to missing information
- Lack of awareness regarding the implications of prior financial actions
- Receiving a penalty period without being advised on how to mitigate it
- Lacking a dedicated advocate to guide you through the process
Real-Life Examples
A client accepted help from a “Medicaid Enrollment Facilitator” at the hospital when her mother needed long-term care. Later, after her mother passed away, she was shocked to find out that a lien had been placed on her mother’s home—a home that could have been protected under Medicaid’s transfer-of-asset exceptions.
Another client hired a Geriatric Care Manager to handle a Medicaid application due to the lower cost compared to an attorney. Unfortunately, the application resulted in a lengthy penalty period because of prior asset transfers. The Care Manager failed to inform the client of this issue or implement any penalty-reduction strategies, leaving the client to eventually hire an elder law attorney to resolve the problem.
A nursing home recommended an independent Medicaid Application Preparer for a woman applying on behalf of her incapacitated husband. The Preparer advised her to spend down their assets on nursing home costs. Later, she found out that she was never informed of her spousal rights and could have taken different steps to secure Medicaid benefits much earlier.
Contact the Law Office of Daniel Khaldarov
Filling out a Medicaid application is not just about paperwork—it’s about protecting your financial future and ensuring you or your loved one receives the care they need. An elder law attorney provides the legal expertise and strategic planning to maximize your chances of success. By working with a professional who specializes in elder law, you’ll gain peace of mind knowing that your Medicaid application is in capable hands.
