The nursing home admission process can be a daunting process for elders and their families. Unfortunately, some nursing homes are compounding the difficult process by referring residents and their families to non-attorney unlicensed Medicaid advisors. Non-lawyer Medicaid advisors can include financial advisors, geriatric care managers, disbarred attorneys, former nursing home employees, and a variety of other untrained and unlicensed individuals. The growing trend in the use of unlicensed, non-lawyer Medicaid advisors raises ethical and legal issues for both the Medicaid advisors and those who refer to such individuals.
Should the public be alarmed by such developments? Can this situation be reversed? Does it need to change? In their new book, Protecting Nursing Homes and Their Residents From the Unlicensed Practice of Law, three Florida elder law attorneys answer yes to these questions. The book seeks to protect long-term care residents as well as facility administrators and staff from engaging in or unintentionally supporting the unlicensed practice of law.