The FLORIDA BAR Re ADVISORY OPINION—MEDICAID PLANNING ACTIVITIES BY NONLAWYERS

Pursuant to Rule Regulating the Florida Bar 10-9.1, the Florida Bar Elder Law Section’s Unlicensed Practice of Law Subcommittee petitioned the Florida Bar’s Standing Committee on the Unlicensed Practice of Law (Standing Committee) for an advisory opinion on whether it constitutes the unlicensed practice of law for a nonlawyer to engage in the following Medicaid planning activities leading up to the Medicaid application: (1) drafting of per sonal service contracts; (2) preparation and execution of qualified income trusts; or (3) rendering legal advice regarding the implementation of Florida…