Elder Law and AI

With so many different resources available to help people navigate aging, it can quickly become confusing. What looks like good “advice” either from online, from Artificial Intelligence, or from a friend may lead people to try to protect assets from long-term care costs using DIY methods and create bigger problems than they are trying to solve.

Something as simple as typing “How do I get Medicaid” into ChatGPT can create a confusing list of resources on how to apply that don’t necessarily take into account the family’s specific situation, including assets, expenses, liabilities, care costs, family dynamics, previous gifting, and other important details that an elder law attorney knows to ask about. Answers to questions surrounding each of these topics can lead to additional questions and considerations for different strategies that might be available for the family.

ChatGPT and other AI tools also dangerously border on unauthorized practice of law with some of their responses to prompts. As with any database, the information you receive from it is only as good as the information you put into it. While it may give you a general overview of information, relying upon the information to either determine if you would even be eligible for Medical Assistance or to come up with strategies to try to outsmart the state and protect your money from the nursing home is not wise.

Elder law attorneys understand the nuances of the laws and regulations surrounding Medical Assistance and know the questions to ask to get the information necessary to evaluate your particular circumstances. Additionally, when planning spenddowns to qualify for Medical Assistance, it is not just about getting the assets down to a certain level; one must also keep in mind that if the person for whom you are doing the spenddown has not given you authority, you may be limited in how you do things based upon what the person will agree to. Additionally, certain strategies need to be properly implemented to avoid issues when applying for Medical Assistance. These nuances are not something that ChapGPT can warn you about. Failing to get proper advice and trying to DIY a spenddown can result in disastrous consequences, including investigations into actions you take on behalf of someone if you mess something up.

Henningson & Snoxell Ltd.’s elder law attorneys are here to help you navigate the treacherous waters of Medical Assistance eligibility and elder care. We listen to you and provide individualized advice aimed at helping you and your family do things the right way.