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I’m working with an attorney on a Medicaid plan for my mom per her request. I am her durable POA but she is capable of acting for herself. She does look to me for guidance. She just moved into a nursing home and has limited mobility so I’ve been meeting some with the attorney on her behalf. The attorney quoted a price of $15k and wants her to be pay it up front. This is a highly respected local attorney who I’ve worked with in the past for my own estate planning. He just seems more aggressive now than in the past. My first question is about the paying up front- is this normal practice? It makes me nervous to have her do this. 2nd question is about the price. It seems seems very high but I haven’t been involved in this type of work before. I know it’s hard to give input on that as it can vary by what’s involved and what state you are in but is that comparable to others experience?. I just feel like we are being pushed but I don’t want to start over with another attorney if we don’t have too. But I don’t want my mom or me to be a patsy either.

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Sounds like way too much to me unless she has an extremely high amount of complicated assets. If she has that much maybe just pay her own way instead of worrying about Medicaid. Definitely shop around before deciding on who to use, if anyone.
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It may be a little high, but at the end of the day her funds are going to be used up anyway to get to Medicaid, so if this attorney is highly reputable and regarded, I would pay it if it gave me the peace of mind that he would do right.
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KateyG Apr 2022
Thanks. Appreciate your input.
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Does your Mom have a lot of assets? Maybe investments? I don't see needing an attorney if she doesn't.

My Mom had 48k in CDs from Dads insurance. She got a total of $1700 in SS and a very small pension. She had her house worth 100k. As POA I was able to cash in her CDs with very little penalty. With that 48k I was able to place her in an AL hoping the house would sell. Her SS was used to pay the bills on her house and her small pension paid for her needs. When the house did not sell and money was running out I placed Mom into LTC. She had 20k and that paid privately for 2 months. Gave me time to apply and get info to Medicaid and spend down that 20k. The 3rd month Medicaid kicked in. Mom was under the income cap of just over $2300 and spent down to way under the 2k of assets allowed. With Medicaid the house is an exempt asset unless sold. Then proceeds need to be used for Moms care.

I really don't see the need for a lawyer unless your Moms finances are complicated. If her monthly income is over the income cap, then a lawyer is needed to set up a Miller Trust (another name is a Qualifying Income Trust).
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KateyG Mar 2022
Miller Trust is not recognized in Michigan. For her particular needs, an attorney is needed and she has the funds to pay for it so that's not a question for her. We also have issues with siblings so involving the attorney helps everyone's peace of mind. Mom wants to do it her way and we support that.
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You say, "For her particular needs, an attorney is needed and she has the funds to pay for it so that's not a question for her. We also have issues with siblings so involving the attorney helps everyone's peace of mind. Mom wants to do it her way and we support that."

What's your question?? Your mom obviously has the funds to pay this attorney, he comes highly recommended, and you have issues with siblings and need peace of mind. And, mom wants to do it her way, which you support.

Doesn't sound like you have a question at all and have more reasons TO use this attorney than not.

Good luck
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KateyG Apr 2022
My question was not whether to use an attorney. My mom had already decided that. So I was not looking for any input on that. But I must not have stated that as clearly as I thought I had because several commenters replied with info on the need for an attorney. The 2 questions I did have were 1) paying the entire fee up front and 2) general feedback on the fee for medicaid plans. (I know that's hard knowing things are different in different states. I did get some input so I'm all set. I just was feeling very odd about whether this was normal or not and my mom and I didn't want to make a stupid mistake. Sorry for the misunderstanding and I appreciate the time you took to reply.
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I think it’s 3-5k too high, BUT, it sounds like there is anticipated issues with siblings / their spouses or extended family as to their expectations on inheritance. If that is the case, and he’s CELA level and likely to be in practice another decade, or has partners, have mom do it. You want it such that mom is paying for legal done now and in the future after she dies.

Mom has the $ to pay and she’s still cognitive and competent to do whatever needed, so get it done & asap.

As an aside, if mom has property, ask the atty as to what possibly can be done as an agreement or memo of understanding as to your being paid for managing her affairs &/or on being reimbursed for expenses. If there’s family friction, someone or their spouse inevitably will carp that $ you got paid to deal with moms house, property etc so should get less $ after death. Total disregard of your time or expertise nonsense.
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Is that a retainer?

What do you get for 15k?

Several years ago, a friend who has since died spent 30k setting up a very complex trust. This was in NYC.

Is this a CELA certified attorney?

Read this link from NoLo:

https://www.nolo.com/legal-encyclopedia/the-cost-of-estate-planning-how-much-will-you-pay.html
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KateyG Mar 2022
It is a flat fee. Yes the attorney is CELA certified and has an outstanding reputation in our community. Thanks for the link. I'll take a look. Thanks for your help.
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Does the nursing home have a social worker that can help you with the planning and eventual application? Does mom have lots of assets? Does she own a home? Is it more than mom has 150K and nursing home costs 10K a month? So, mom has enough assets for 15 months of nursing home. We should plan to apply in 13-14 months.

The fee sounds high to me but I sure don't know your mom's situation.
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KateyG Mar 2022
We are implementing a somewhat complicated plan. I was able to get some feedback from a friend in another state who implented a plan very similiar to my mom's and her fees were $13K two years ago. So maybe we are in the ballpark. Thanks for your thoughts.
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Katie, I'm inclined to think that quote is on the high side, but it depends on the level of assets and work that has to be done.  If your mother's assets are more complex than, say, just stocks and real estate, I can understand why extra costs might be involved.

You commented on Miller Trusts in Michigan, so I assume that's where you live.  If this attorney is with one of the large firms in Detroit with satellite offices in the suburbs as well as in other cities, the cost could be explained b/c those firms are top of the line.    There was another top of the line large firm in Grand Rapids, but I just researched and found that it has offices elsewhere, although a firm with a similar name is still in Grand Rapids.

I'm not asking  for the name of the firm; I wouldn't do that.   I just wanted to mention that the higher rated law firms, many of which were headquartered in Detroit until suburban offices became more widespread, could be expected to charge more.

 I'm not familiar with any firms on the East side of Michigan, so I can't comment on them.

It was also my experience though that the entire cost didn't have to be paid up front.  The client signed a retention agreement, paid a down payment, and typically paid the balance either at significant points along the line or when the documents were finished and ready for execution.
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KateyG Apr 2022
Thanks. Very helpful info.
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I appreciate all the input and the time everyone has taken to reply. My mom has made a decision so we are all set. We did work out a different payment plan, part now and part later. We did agree on the $15K. It does seem on the higher side, but it did seem in line with some others I spoke too. Appreciate everyone's time to reply. I'd turn commenting off if I could but not sure how to do that. Thanks again.
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What is the monthly NH fee on private pay? Might put the fee in perspective.

I agree with Barb. Make sure the attorney is CELA level.

Once mom has reduced her assets to Medicaid requirements, there will be no funds left to pay the attorney.
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KateyG Mar 2022
Private Pay Fee is $9600/mo. There are funds availble to pay the attorney. Attorney is CELA level. Thanks for you comments.
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