Our attorney was suppose to open a medicaid compliant annuity, I don't know if he did or didn't, he won't return my calls

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I hired an attorney when my mother went into a nursing home. She had a small savings in the bank. This attorney was suppose to open a medicaid compliant annuity, he was given $11,500.00. This was close to two months ago. We haven't received anything or heard anything about the annuity. I keep calling the attorney about this matter but he won't call back. I'm getting very worried and I don't know what to do about this matter. Also, in order for my mother to qualify for medicaid she'll need to show proof of the annuity. Help me please, I don't know what to do.


429 helpful answers
As an attorney for 25 years, that behavior is unacceptable and is actually unethical. Attorneys have been disciplined by their licensing boards for not returning clients' calls! I would make one more call and leave a message saying that you are going to call the ethics board (in your city) to lodge a complaint if you don't hear from your attorney within 24 hours. Then follow through on this.

As for the annuity, such annuities are called "Medicaid-compliant" or "Medicaid-friendly" annuities, and are sold by certain life insurance companies to assist with protecting a person's assets when that person (or the person's spouse) is about to apply for Medicaid to cover nursing home costs. Such planning can be completely legitimate, but there are also cases where it is unsuitable for the particular situation.

Assuming your attorney is using this annuity correctly, then yes, you need to give proof of the annuity and the annuity contract itself, to the state Medicaid department before they can approve your mother for coverage.

Again, be firm with the attorney and demand a response. You can also send the attorney a certified letter, if you want to have a paper trail that you requested the attorney call you. Then, call the ethics board; your local bar association should be able to give you the correct contact information for the ethics board.
Thank you for your reply.

I paid the attorney with a cashier check, the check was made out in the name of the company where he was suppose to open the annuity. I was able to find this company phone number on the internet. I called the company and they said yes an annuity had been opened in my mother name. However, they told me that the reason no check or information had been sent was the attoreny didn't give them an address where to send the information. So they said that a check would be cut the next day and sent to my mother.

Still no call from the attorney. His other advice was for my mother to gift me $16,800.00. I was told not to do anything with that cashier check and later he was suppose to do a trust fund with that money for my mother. I'm not giving the attorney anymore of my mother money. I opened a saving account with the money in my and my brother name. This money will be for my mother future use.

My mother paid this attorney $4410.00 for his service. At the start, he told us the cost would be $2600.00, after we hired him, he then said that we had to pay $1700.00 to a female who would be doing something with the annuity, I never did understand her part and why my mother had to pay her $1700.00. Then he said we had to pay him another $110.00 and give no reason why.

All of this has been like a living nightmare, I was trying to do the right thing for my mother, but I feel like I really messed up hiring this attorney.
429 helpful answers
At this point you probably need to go and apply for Medicaid immediately, to get the penalty period clock started. Since I don't know what state you're in and also I cannot give specific legal advice to you via this website, you really need to find out what your next step is, so that you do not waste $1,000s by, for example, not applying for Medicaid when you are supposed to.

I suggest you find another attorney who charges for Medicaid advice by the hour, and see if you can pay him/her for a quick consult. Explain that you've already paid a lot to another attorney and you have implemented a "half-a-loaf" plan with a gift and a Medicaid annuity, and you want this new attorney to make sure you are doing what you are supposed to do.

You can search for experienced and qualified elder law attorneys at the website of the National Academy of Elder Law Attorneys (www.NAELA.com), by clicking "Locate an Elder Law Attorney" on their homepage. Then, you can search by zip code, city, etc. Good luck!
On January 30, 2009 my divorce became final. However, my attorney has not prepared the Quit Claim Deed transferring sole ownership of one of the proporities awarded to me from this division. On November 2009 we appeared back in court to modify the spousal support and I requested that I be notified before he submit anything to my 401K advisor. I have not received a copy to sign off on the final agreement. There are several unresolved issues pertaining to my divorce and he won't return my calls. I have stopped into his office, left several phone message and I even emailed him, but he won't returen neither call of email. Please advise.
429 helpful answers
You may need to contact the state board of bar examiners or other board that regulates attorneys in your state. This type of behavior is not professional and should not be tolerated by you, as the paying client! I suggest you make one last attempt (after you obtain the proper name of the board in your state that handles attorney disciplinary complaints), mentioning that you will be forced to file a complaint with the board if you do not hear back from the attorney within 24 hours. Then be sure to follow up with a call to the board, if necessary.

It's unfortunate you had to resort to this, but you should not have to be at the mercy of an attorney--your own attorney, no less--who is unresponsive.

Keep the conversation going (or start a new one)

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