The legislative attempt to criminalize advising clients about the Medicaid program, popularly known as the “Granny’s Lawyer Goes to Jail” law, was found unconstitutional almost two decades ago. NYSBA v. Reno, 999 F. Supp. 710, (N.D.N.Y. 1998). It has been assumed that there was an understanding that the long-term care system itself is irrational and seniors should not be blamed.
However, a recent column in the New York Times has again questioned the ethics of advising clients about Medicaid eligibility. Ron Lieber, “The Ethics of Adjusting Your Assets to Qualify for Medicaid,” The New York Times, July 21, 2017. The planning is pejoratively described as “the mini-industry of lawyers and others who help people arrange their financial lives so they don’t spend every last dime on a nursing home.” Once again, it is necessary to explain the circumstances that lead seniors to seek valid legal representation.
