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Medicaid Planning Activities by Nonlawyers

Published On: January 29th, 2015 | Author: Perry Law, P.C. | Category: Elder Law Estate Planning and Probate Florida

The Florida Supreme Court recently issued an advisory opinion as to Medicaid planning activities by nonlawyers – SC14-211.  In short, the Court advises that it constitutes the unlicensed practice of law for a nonlawyer to draft a personal service contract and/or to determine the need for, prepare and execute a Qualified Income Trust.  In addition, the Court advises that it is obviously constitutes the unlicensed practice of law for a nonlawyer to render legal advise regarding the implementation of Florida law to obtain Medicaid benefits.

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