Is $10,000 a fair fee for an attorney to charge to help with Medicaid application? - AgingCare.com

Is $10,000 a fair fee for an attorney to charge to help with Medicaid application?

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tribbles48, it all depends on what is involved. As others have mentioned, if your Mom is getting a Revocable Trust, that can take quite a bit of time. Is Mom also getting a new Will or Living Will? What about a Medical Directive which Mom relays her wishes for the final months of care, etc? Plus the time and energy for the Attorney to go through the maze called Medicaid.

I hope your Mom is using an "Elder Law Attorney" and not a jack of all trades Attorney who is learning as he/she goes along. Elder Law Attorneys are up-to-date on everything related to Medicaid, etc. Does the Attorney have experienced para-legals familiar with all that is Elder and with Medicaid that can help with this work, as their hourly rate is much less?  The Attorney will review their work.
 
Does Mom call the Attorney a half dozen times during the week to ask questions? The clock starts running as soon as the phone is answered.

I see from your profile that Mom lives in a nursing home? If Mom is clear mind, does the Attorney need to travel out to see her to talk with her about the legals documents? If yes, the clock starts ticking as soon as the Attorney leaves the law office, thus Mom would be charged with travel time.

Usually a bill from an Attorney or a Law Firm is broken down as to what all is involved.
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Reply to freqflyer
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I did it for free, over the phone. There must be more going on money wise. Hmm...Medicaid is for the indigent, can't see why an attorney would even be needed.
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Reply to Pepsee
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An elder care attorney is charging my mom about half that amount.
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Reply to mollymoose
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I work for a senior living community and I fill them out all the time. In saying that, the residents are low income so the application is easy. There is also Medicaid offices that will help you fill them out. If the estate is complicated it might cost to have an attorney help but for just the Medicaid application this is to much.
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Reply to Cathy1954
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Run from this attorney. Total rip off
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Reply to Rac1955
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Rip off. I am filling paperwork for mom to get Medicaid to pay nursing home with social services. No fee
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Reply to Katlady2244
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To assist with just the Medicaid application, that is far too much..If it is more, such as setting up a trust to protect assets from Medicaid once the love one passes away, then it is still too much. I paid $7000 in 2008 to have the attorney do a myriad of things, including about 20 legal documents, wills, trusts, POA, health care poa and on and on, AND handle the Medicaid application from stem to stern, plus oversee the ins and outs of the "spend down" of assets during the Medicaid application process, and still more. If you live in Manhattan it might be par for the course; if you live in Peoria, it is much too much.

Grace + Peace,

Bob
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Reply to OldBob1936
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that sounds about 10x too much.
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Reply to XenaJada
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Whoa ... if it is, then I got a really great deal.

Is this application for a single person with low income and few assets? There is no reason you can't do this for yourself. If the financial picture is complicated and this is going to include setting up trusts, etc, or if this is for a married couple, then an attorney who specializes in Elder Law (this is critical) might be very worthwhile. But that price seems excessive.

Why not start with calling your Area Agency on Aging, and ask if they have resources to help with Medicaid applications -- maybe classes or seminars or some individual counseling about it. Then decide what you want to spend on an attorney's help.

Edited: I was going through this 15 years ago. Naturally fees have increased like everything else.
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Reply to jeannegibbs
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not an expert, never applied for myself or any other family member.
but that seems super excessive.
unless attorney is doing something that is protecting the persons money/assests, so they can qualify?
otherwise I don't think applying is that difficult (?)

sorry maybe I shouldn't even post, since im not very helpful
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Reply to wally003
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