The Supreme Court of Ohio issued an advisory opinion at the end of 2011 pertaining to the unauthorized practice of law as it relates to Medicaid Planning. The Court outlines what financial professionals (non-attorneys) CAN and CAN NOT do when it comes to creating Medicaid plans for their clients.
This opinion should serve as a Cautionary Warning to all professionals that provide advice regarding Medicaid planning to their clients. Their tone makes it clear that Medicaid “plans” should only be created by attorneys with experience in this field. Financial and other professionals should be aware of what advice they provide to avoid future liability and trouble from the Court.