Michael and his partner have been caring for Michael’s mother, Jean, but her care needs are exceeding what they can provide on their own. Everyone knows they need some help, so Michael does some quick research on Medicaid. It seems like the program should help Jean, but she owns her own home and has a small savings for emergencies, and Michael is worried that will make her ineligible.

During his research Michael finds several sources that recommend hiring a professional to help with Medicaid, either a Certified Medicaid Planner or an Elder Law Attorney. That seems like a good idea to Michael, but it still leaves him with a question – which one should he choose?

What Are the Differences Between a Certified Medicaid Planner and an Elder Law Attorney?

There are pros and cons to both Certified Medicaid Planners and Elder Law Attorneys, and there are exceptions to every generalization. However, for the most part, CMPs are faster, less expensive and operationally more efficient than Elder Law Attorneys. Medicaid is complicated, and their institutional knowledge allows them to utilize all available pathways to eligibility while also maximizing resources. Attorneys may be better suited for long-term estate planning and higher net worth individuals since these cases usually involve more complicated legal structures and receiving benefits quickly is not a priority.

Both Certified Medicaid Planners and Elder Law Attorneys can help seniors qualify and apply for Medicaid, and most can handle whatever issues might arise during the process. But which one will be more helpful depends on the senior and their needs.

Certified Medicaid Planners

Certified Medicaid Planners (CMPs) are experts in all things related to Medicaid eligibility requirements, rules, applications and benefits. They start to develop that expertise during their certification process, which requires them to reach specific education and/or experience levels, show their proficiency by passing an examination and commit to maintaining the highest professional standards. Their expertise is then honed on a daily basis as they work with Medicaid applicants.

That combination of education and experience makes CMPs both efficient and precise when it comes to the nuts and bolts of the Medicaid planning and application process – collecting and verifying documentation; calculating spousal allowances and spend downs; filling out and submitting the application in an optimal manner; and correcting any mistakes that may come with a denial and resubmitting in a timely manner. The priority for most seniors is finding help with those kinds of administrative tasks, and CMPs are best suited to deliver that help.

CMPs are also especially useful when seniors don’t meet either of Medicaid’s financial eligibility requirements – the asset limit and the income limit. They know which assets and income may be exempt from the limit. They can advise on Medicaid-allowed strategies to reduce the senior’s resources and meet the limits, like spending down, buying a Medicaid Compliant Annuity or using a Qualified Income Trust.

Elder Law Attorneys

Elder Law Attorneys can certainly assist with those administrative, nuts-and-bolts tasks and some planning strategies to gain Medicaid eligibility, but they are typically more focused on the legal aspects of Medicaid and long-term estate planning. If you or your loved one has complex financial holdings, or has any kind of legal complications, seeking out an Elder Law Attorney may be your best option. If you’re considering a divorce to qualify for Medicaid, for example, or if the family has multiple business and real estate holdings, an Elder Law Attorney may be the best choice. However, it’s important to note that our CMPs at Eldercare Resource Planning partner with lawyers in order to handle these types of legal issues and provide a seamless, one-stop-shopping experience for their clients.

Geographic Considerations

While Elder Law Attorneys have in-depth knowledge of Medicaid laws in the state where they are licensed to practice, CMPs are familiar with Medicaid laws in mutiple states as well as the national regulations that impact Medicaid in all states. This is valuable in a place like New England, where living near state borders is common. A CMP working with New England residents can advise them on which state’s Medicaid program might help them save money, receive better care or avoid waitlists. A CMP’s multi-state expertise is also valuable when adult children live far from the aging parent they are trying to help apply for Medicaid. For example, if the helping adult child resides in New York but their parents live in Florida, they would benefit from knowing the details of both states Medicaid programs, and a CMP is more likely to have that information than an attorney.

Financial Considerations

An Elder Law Attorney can research Medicaid rules in multiple states, and they can help with the administrative tasks of completing the application, but a CMP is more likely to do it faster and with fewer errors. The time factor is important because attorneys usually charge per hour, so the longer the process takes the more it will cost. And errors that lead to a denial and the need for an application to be resubmitted will also mean more time with the attorney and higher bills. CMPs, on the other hand, usually charge a flat-rate for the entire engagement. You may find some CMPs who charge per hour, or an inexpensive attorney, but for the most part CMPs are more affordable than Elder Law Attorneys.

Time to Benefits

The specialized processes CMPs have developed can often help seniors start getting the care they need more quickly, which can be extremely important for families in crisis mode. If a senior needs Medicaid benefits as soon as possible because of an unexpected health situation or financial issue, CMPs are best suited to expedite the application process. They have completed and submitted so many applications that they can do it at high speed without compromising quality.

Comparison Table of Certified Medicaid Planners and Elder Law Attorneys

There are exceptions to all of the above considerations. One can find attorneys so specialized in Medicaid that they are essentially the same as Certified Medicaid Planners. These generalizations are simply to help those unfamiliar with the differences to become aware of the relative strengths of the two service providers.

The table below shows a list of possible priorities for a senior and who would best be suited to help with those priorities – a Certified Medicaid Planner, or an Elder Law Attorney.