Practical Steps for Attorneys to Confidently Assist with Medicaid Crisis Planning
- Amber Hinds
- Apr 1
- 2 min read

Medicaid planning is a crucial service for elder law attorneys, but it comes with complexities that can overwhelm both you and your clients. From structuring fee agreements to preparing applications, every step needs to be handled with precision. Whether you're refining your approach or building your Medicaid practice from the ground up, having a clear process in place ensures smoother client interactions and successful outcomes.
The first step is to understand who you serve. Every client’s situation is different from assets, and income, to family dynamics, and prior financial decisions. Before diving into planning, take time to assess their specific needs to determine the best path forward.
How you structure your services impacts your efficiency and profitability. Are you charging hourly or offering a flat fee? If flat, what specific services are included? Setting clear expectations from the start eliminates confusion and helps clients understand the value you bring to the process.
Next you’ll want to consider your timeline. Establishing a clear timeline and communicating it to your clients helps manage expectations and reduces stress. Walk them through what to expect from start to finish so there are no surprises along the way.
A Medicaid Asset Protection Plan serves as a guide for both you and your client. It outlines the steps needed for Medicaid eligibility and provides a reference point throughout the planning process. Having a structured plan helps clients feel confident in their next steps.
One of the complexities we spoke about earlier is the fact that Medicaid regulations vary. Therefore, it’s important to stay informed on your state’s specific requirements. A brief summary of key state rules can help you anticipate potential challenges and streamline the planning process.
Helping clients legally and strategically spend down their assets is one of the most critical aspects of Medicaid planning. Beyond initial eligibility, post-eligibility considerations such as income limits and asset management, must also be factored into your plan.
Once the Medicaid plan is in place, execution will matter. How involved do you want to be? Will you assist clients in consolidating assets, setting eligibility dates, or processing payments? Clarifying your role ensures smoother implementation.
As you know, the application process can make or break a Medicaid case. Knowing where to find your state’s application, drafting a clear letter of explanation, organizing documents for caseworkers, and meeting deadlines are all essential steps. Early preparation prevents last-minute hurdles.
If you want to refine your Medicaid planning process and improve outcomes for your clients, our April webinar is for you. We’ll walk through each of these steps in detail, giving you useful takeaways you can immediately apply to your practice.
Join us April 23 at 11AM CST for Practical Tips for Medicaid Crisis Planning, with special guest presenter, Todd Whatley.
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