Overcoming the presumption of improper transfers within a look-back period may be as simple as a keeping a few receipts.
Every lawyer should recognize the importance of documentation – an original of a client’s will; notes during client meetings or with witnesses; court documents; emails; receipts for travel expenses and expenditures. Access to these records legitimize and provide accurate proof of particular facts and figures. Failure to maintain access to these sorts of documents creates an avoidable challenge, particularly for those in the legal field.
Qualifying for Medicaid
In terms of Medicaid qualification, documentation of expenses can be critical to whether penalties are assessed on applicants for transfers of wealth. Parties assisting applicants may also risk breaching fiduciary duties when they cannot provide evidence of legitimate transfers of assets – above all, when this failure results in a large penalty for the person in need.