This Content is provided solely for non-commercial, educational purposes and shall not be duplicated, distributed, or transferred in whole or in part, nor any derivative works made, without prior written permission from The Krause Agency, LLC.

Practice Notice

 

The Krause Agency does not provide legal advice. The Content provided on this website, including any strategies, plans, or products, may not be appropriate in every case. The Krause Agency makes no representation and no inference should be drawn that any of the strategies, plans, or products have been reviewed or approved by any state or federal governmental office, entity, or official. Prior to the use or implementation of any strategy, plan, or product referenced on this website, The Krause Agency recommends consulting an elder law attorney licensed in your jurisdiction due to the complexity and interrelationship of various areas of law, including the Internal Revenue Service Code, Medicaid, the Department of Veterans Affairs, and their state equivalent(s). The Krause Agency does not guarantee that the use of any strategy, plan, or product identified on this website will result in eligibility for any financial assistance program.

 

UPL

 

Various professions provide services that relate to Medicaid Planning, including financial planners, attorneys, and insurance agents. For non-attorneys working in this space, it is important to understand that they cannot engage in the Unauthorized Practice of Law (“UPL”). Although what it means to “practice law” varies from state to state, it can generally be understood as providing legal advice to a client in exchange for payment. “Legal advice” can generally be defined as a professional or formal opinion regarding the substance or procedure of the law in relation to a client’s circumstance.

 

While each state takes a different approach to regulating the practice of law, non-attorneys are generally prohibited from providing legal advice. Legal advice can be distinguished from legal information, which is a simple statement of what the law is and says. Legal information is provided without application of the law to a set of circumstances or serving as a basis for recommending a particular action. While a non-attorney cannot provide legal advice, they can provide legal information.

 

Neither the Krause Agency nor the agents that work with The Krause Agency provide legal advice. UPL in Medicaid Planning can have disastrous effects on the personal and financial well-being of the elderly client and their family. Non-attorneys have been subject to criminal and civil penalties for engaging in UPL.

 

The Krause Agency encourages our agents to work with Attorneys who are licensed to practice law in their jurisdiction. This performs the essential functions of avoiding UPL and complying with local rules and regulations. Most importantly, working with a licensed Attorney helps protect the client’s interests.