Cutting Edge vs. Over the Edge: Ethics and Malpractice Issues for Medicaid Planning

.Maintaining high ethical standards and preventing malpractice is imperative for every practicing attorney. This article focuses on Medicaid and Elder Law ethical duties. Medicaid planning, for long-term medical care, is becoming an increasingly utilized function under the law; however, it also raises important ethical considerations. First, an attorney needs to consider who their actual client is. In elder law situations, this can be difficult because often family members contact an attorney about an aging individual in their family, and many family members have a stake in the estate planning of the aging individual. Second, an attorney needs to be aware of utilizing Medicaid when other financial services are available to their clients. Finally, this comment concludes with a reminder of professional conduct to elder clients and its implications for attorneys.