The Florida Bar Re: Advisory Opinion – Medicaid Planning Activities by Nonlawyers

Summary

The Florida Supreme Court approved the Standing Committee’s revised advisory opinion, holding that nonlawyer Medicaid planners who draft personal service contracts, prepare and execute qualified income trusts, or render legal advice on Medicaid eligibility are engaged in the unlicensed practice of law. The Court also concluded that such planners may not sell kits or forms related to these activities, while affirming that DCF staff may provide informational assistance without it constituting UPL.