Medicaid planning attorney: find one by state

What does a Medicaid planning attorney do?

Far more than fill out a form. The core work:

• Reviews your full financial picture against your state’s Medicaid limits.
• Builds a lawful spend-down and asset-protection plan instead of just burning savings.
• Protects the healthy spouse using community-spouse income and asset rules. This is one of the highest-value things they do.
• Sets up trusts when appropriate, with timing that survives the look-back.
• Handles the application and appeals so it is not denied for paperwork errors.
• Does crisis planning when care has already started — options narrow but rarely disappear.

For the full explainer with examples and cost ranges, see our companion guide: What a Medicaid planning attorney does (and what it costs).

The 5-year look-back (the rule that catches families)

When you apply for Medicaid long-term care, the state reviews your financial history, commonly the prior five years. Gifts or below-value transfers in that window can trigger a penalty period — Medicaid will not pay during it, even though you qualify on paper. The math is unforgiving and state-specific. This is the #1 reason to talk to an attorney before moving assets.

Read the full plain-English explanation: the 5-year Medicaid look-back, explained.

How much does a Medicaid planning attorney cost?

It varies by state, complexity, and whether you are planning ahead or in a crisis. Many attorneys charge a flat fee for a defined Medicaid plan or application; complex matters may be hourly. Crisis cases (care already started) usually cost more than early planning. Always ask: “Do you bill flat fee or hourly, and what is your total estimate for my situation?” See the full breakdown in how much does an elder law attorney cost?

Common mistakes families make (and what to do instead)

• Mistake: Gifting money to children to “qualify.” Instead: Get advice first — the gift can trigger a months-long penalty.
• Mistake: Waiting until after a nursing home admission. Instead: Call as early as possible; even crisis planning has more leverage than no plan.
• Mistake: Assuming Medicare will cover long-term care. Instead: Plan for Medicaid; Medicare covers short-term rehab, not custodial care.
• Mistake: Blind spend-down. Instead: Use lawful strategies that preserve more of what the family worked for.
• Mistake: Leaving the healthy spouse unprotected. Instead: Spousal protections are powerful but require active planning.
• Mistake: Generic online forms for a state-specific problem. Instead: Hire someone who handles your state’s Medicaid rules.

When a nursing home decision is part of this

Medicaid planning and choosing a facility usually happen at the same stressful moment. Before any placement becomes final, check the facility’s inspection records, staffing, and safety scores at SeniorCareReportCard.com, then bring those facts into your planning. The legal plan and the care quality are two halves of the same decision.

Frequently asked questions