Medicaid Planning Activities by Nonlawyers

The Florida Supreme Court recently issued an advisory opinion as to Medicaid planning activities by nonlawyers – SC14-211.  In short, the Court advises that it constitutes the unlicensed practice of law for a nonlawyer to draft a personal service contract and/or to determine the need for, prepare and execute a Qualified Income Trust.  In addition, the Court advises that it is obviously constitutes the unlicensed practice of law for a nonlawyer to render legal advise regarding the implementation of Florida law to obtain Medicaid benefits.