Is This The Right Thing To Do ?

Many people perceive Medicaid estate planning as unethical or immoral.  They reason that persons who have the ability to pay for their nursing home care should do so and not burden the taxpayer. 

The logical response to this position is that Medicaid estate planning is no different  than tax planning.  The tax planner structures his client’s affairs to pay the minimum of taxes upon death.  This is perfectly legal and even encouraged by the government which often issues pronouncements that no one should pay more tax than what is legally owed.  It is no more unethical or immoral to advise someone of the opportunities that the law provides to save money by Medicaid estate planning than it is to advise them of ways to save federal estate taxes.    An attorney is ethically bound to represent his client zealously and this includes informing the client of opportunities to save money when he or she needs nursing home care.   

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Last modified: 02/13/04