Medicaid is notoriously complex—especially when it comes to protecting assets while maintaining eligibility for long-term care. Choosing the wrong attorney or missing critical questions could cost your family tens of thousands in unnecessary spend-down or lost planning opportunities. Here's exactly what to ask a Medicaid planning attorney before hiring.
Experience With Your Specific Situation
Don't settle for a general estate attorney who dabbles in Medicaid planning. Ask how many Medicaid cases the attorney handles annually and what percentage of their practice focuses on Medicaid asset protection versus other practice areas.
Inquire specifically about their experience with your situation:
- Nursing home or assisted living placement – Are they familiar with facility-specific Medicaid requirements in your state?
- Special needs trusts – Do they draft self-settled or third-party SNTs regularly?
- Spousal protection – Have they structured Medicaid plans for married couples where only one spouse requires care?
- Work incentives for disabled adult children – Can they navigate ABLE accounts, SECURE accounts, and Plan to Achieve Self-Support (PASS) programs?
Ask for references from past clients (or at minimum, permission to contact them). Real experience shows up in client testimonials and smooth case outcomes.
State-Specific Rules and Look-Back Periods
Medicaid rules vary dramatically by state. Your attorney should be intimately familiar with your state's regulations, not relying on generic national templates.
Specifically ask:
- What is your state's look-back period (typically 5 years for long-term care Medicaid)? How does it apply to joint accounts, gifting, and transfers?
- What is the penalty period calculation if transfers are discovered (some states use a divisor method; others use an actual-cost method)?
- Does your state allow Medicaid trusts or income cap trusts for SSDI or SSI beneficiaries?
- Are there community spouse protections available, and what income/asset limits apply?
An attorney unfamiliar with state-specific details will cost you later. Request a state-specific summary of rules relevant to your situation before committing.
Fee Structure and Timeline
Medicaid planning is not quick. Understand the financial commitment upfront.
Ask about:
- Flat fee vs. hourly rates – Most Medicaid planners charge flat fees ranging from $2,500 to $8,000+ depending on complexity. Straightforward cases cost less; multi-generational SNT planning or complex spousal situations cost more.
- What's included? Does the fee cover one meeting, multiple revisions, trust funding, or just the plan itself?
- Timeline to completion – Expect 2–8 weeks depending on complexity and how quickly your family gathers documents. Rushing this increases errors.
- Additional costs – Will you need a separate appointment with an accountant or financial advisor? Are court filing fees (for some SNT situations) included?
Confirm these expectations in writing before engagement.
Ongoing Compliance and Support
Planning doesn't end at document signature. Ask whether your attorney provides:
- Annual trust reviews – For special needs trusts especially, the tax code and planning strategies evolve.
- Medicaid application support – Will they review the application before filing? Many do not, leaving families vulnerable to denials.
- Response to state inquiries – If Medicaid asks follow-up questions about transfers or assets, does your attorney handle correspondence?
- Updates when circumstances change – What happens if your loved one's diagnosis changes, assets shift, or state law updates?
Some attorneys offer flat-fee annual retainers ($500–$1,500/year) for ongoing support. Others charge hourly ($300–$600+) for ad hoc questions. Understand which model they use and whether it fits your needs.
Credentials and Licensing
Verify credentials before hiring. Ask:
- Are they licensed to practice in your state and in good standing with the state bar?
- Do they hold a Certified Elder Law Attorney (CELA) credential? While not required, CELA certification signals expertise and continuing education.
- Are they a member of the National Academy of Elder Law Attorneys or your state's elder law section?
These aren't deal-breakers—some excellent Medicaid attorneys lack CELA—but they signal serious commitment to the field.
Finding the Right Attorney
Comparing Medicaid planners across your state is time-consuming. Platforms like Mercoly help you find and compare trusted Elder Law & Special Needs Planning providers in one place, streamlining your search for qualified local attorneys.
Frequently Asked Questions
Q: How early should I start Medicaid planning? Ideally, 6–12 months before care is needed, since the 5-year look-back period applies. However, if nursing home care is imminent, some strategies can still provide partial asset protection.
Q: Can I do Medicaid planning myself to save legal fees? Medicaid planning requires precise execution; errors trigger denials or recovery actions by the state that typically cost far more than attorney fees ($2,500–$8,000). The complexity justifies professional help.
Q: What documents should I bring to my first Medicaid planning consultation? Bring bank statements (12 months), property deeds, investment statements, beneficiary designations, current wills/trusts, and any prior Medicaid applications or letters.
Ready to protect your family's assets? Schedule a consultation with a qualified Medicaid planning attorney in your state today.