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Whose decision is it anyway?: identifying the Medicaid planning client.

D M Rosenfeld1

  • 1Center for Long-Term Care Financing, USA.

Specialty Law Digest. Health Care Law
|January 6, 2000
PubMed
Summary

Identifying the correct client in Medicaid planning is complex. This essay argues that individual client representation is the only ethically sound model for estate planning attorneys.

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Area of Science:

  • Legal Ethics
  • Estate Planning Law
  • Medicaid Law

Background:

  • Client identification is crucial in attorney-client relationships.
  • Medicaid planning presents unique challenges in defining the client.
  • Existing legal ethics codes offer limited guidance on this issue.

Purpose of the Study:

  • To explore the complexities of client identification for Medicaid planners.
  • To analyze current client representation models in estate planning.
  • To determine the ethically appropriate model for Medicaid planning.

Main Methods:

  • Review of contemporary legal ethic codes.
  • Analysis of client representation models used by practitioners.
  • Examination of inherent conflicts of interest in estate planning.

Main Results:

  • Contemporary legal ethics codes lack specific guidance on Medicaid client identification.
  • Various client representation models are employed, often leading to conflicts of interest.
  • The inherent conflict of interest in estate planning necessitates a specific representation model.

Conclusions:

  • Individual client representation is the only ethically acceptable model for Medicaid planners.
  • This model addresses the conflicts of interest inherent in estate planning.
  • Clearer ethical guidelines are needed for Medicaid planning client identification.

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