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September 15, 2021

Non-Attorney Medical Planners Cannot Give Legal Advice

by Alex in Elder Law

Did you know….non attorney medical planners cannot give legal advice? Only a licensed attorney can give you all the legal options for Medicaid planning and asset protection. The Florida Supreme Court advised that anyone other than a licensed attorney who provides legal advice about Medicaid planning is engaging in the unlicensed practice of law.

Florida Statute §454.23

According to Florida Statute §454.23 the unlicensed practice of law is a third-degree felony. This means that only a licensed attorney can give advice about Medicaid restructuring strategies. The 2015 Florida Supreme Court Advisory Opinion (No SC 14-211) states that a non-attorney may not:

  • May not recommend or prepare a personal care service contract
  • May not recommend or prepare a Qualified Income Trust Including gathering the information necessary
  • They May not sell personal service contracts or Qualified Income Trust forms or kits in the area of Medicaid planning
  • They May not give legal advice about spending down and restructuring assets for Medicaid.
  • Is not regulated and has no licensing, educating, or advertising requirements

Elder law attorneys consider and discuss legal issues during the Medicaid planning process. Non-lawyers are not allowed to address these. Legally protect your assets by hiring an elder law attorney today.

About Aubrey Harry Ducker Jr.

Aubrey Harry Ducker Jr. is a Family, Elder and Probate Law Attorney in Orlando, FL. He has had years of accomplishments in the legal field. His interest in elder law began after caring for his own grandmother and parents-in-law. Here, Mr. Ducker had first-hand experience in dealing with the stresses and anxieties that accompany deciding how to live out the remainder of one’s “golden years”.  Attorney Aubrey Harry Ducker Jr. knows that adult children have to deal with this rite of passage. This process involves specific stressors when making decisions for a parent, or parents who may be incapacitated by serious illnesses.

Orlando Family Law Attorney

As a Family Law Attorney, Aubrey Harry Ducker Jr. takes pride in conflict prevention approach and conflict resolution approach to family law and senior law cases.  Aubrey Harry Ducker Jr. treats every one of his clients with respect and kindness. Attorney Aubrey Harry Ducker Jr. values meeting new clients. Aubrey Harry Ducker Jr. utilizes his experience to direct them through various family law and senior law matters.