Ethics and Malpractice Issues for Medicaid Planning

Patricia F. Sitchler (CELA, San Antonio, Texas) has published her article entitled Cutting Edge vs. Over the Edge: Ethics and Malpractice Issues for Medicaid Planning, 2 Estate Plan. & Community Prop. L.J. 175 (2009). 

An excerpt from the article is below:

The ethical duties of an elder law attorney have many of the same requirements as any other practice of law.  The attorney must identify the client, determine the scope of the representation, communicate with the client, maintain client confidentiality, and provide diligent representation.  However, there may be additional considerations.  For example, the attorney must consider the ramifications of communicating solely with an agent when a client’s capacity is in question, and identify any conflicts of interest that may arise when spouses and agents are involved in the legal consultations.  This chapter will examine some of the ethical duties specific to an elder law attorney.