By Attorney Erin L. Nunes
Artificial intelligence is everywhere today. From drafting emails to answering complex questions in seconds, AI has become an increasingly powerful tool for consumers and professionals alike. It can provide quick access to information, identify general concepts, and even offer potential solutions to complicated problems. While AI undoubtedly has its place, there are some areas where its limitations can create significant risks. Elder law and long-term care planning are among them.
Recently, our firm met with a family facing a situation that has become increasingly common. They were seeking ways to help an elderly loved one qualify for MassHealth benefits while preserving a portion of their assets from the devastating costs of long-term care. Before seeking legal advice, the family turned to artificial intelligence for guidance.
The AI system recommended a strategy that, at first glance, appeared reasonable. It offered a path toward MassHealth eligibility while seemingly protecting their assets. However, what the AI failed to adequately explain was that the proposed strategy carried a substantial risk of triggering a MassHealth denial. Even more concerning, the AI did not caution the family about the potentially severe financial consequences that could result if the plan failed.
Fortunately, the family had the good judgment to contact our office before following through with the AI-based recommendation.
When we reviewed the strategy that was recommended to them by AI, we immediately identified several areas of concern. The solution that was offered to the family failed to take into account critical facts that were unique to the family’s circumstances. It also overlooked nuances within MassHealth regulations, ignoring risks associated with the timing of certain transactions, and did not adequately evaluate how the plan would likely be interpreted by MassHealth reviewers.
Most importantly, the AI treated the matter as a generalized problem rather than a deeply personal one.
Elder law planning is rarely about finding a single legal tactic. It is about understanding an individual’s health condition, family dynamics, asset structure, long-term goals, and tolerance for risk. It requires experience, judgment, and strategic thinking. The law is only one part of the equation.
After learning the family’s objectives and reviewing their financial picture, we recommended a completely different approach—one specifically designed for their circumstances and goals. The strategy minimized the risk of a MassHealth denial, better protected the family’s interests, and provided a clearer path toward achieving their objectives. Significantly, this option was never suggested by the AI system.
That experience highlights one of the greatest limitations of artificial intelligence: AI can only provide answers based on the information it has been trained to recognize. It cannot exercise professional judgment. It cannot ask follow-up questions that often reveal critical facts. It cannot weigh competing legal and practical considerations the way an experienced attorney can. And it certainly cannot stand behind its recommendations when something goes wrong.
The consequences of mistakes in elder law planning can be enormous. A poorly designed strategy can result in the denial of MassHealth benefits, lengthy penalty periods, unnecessary tax consequences, loss of asset protection opportunities, or even the complete unraveling of a family’s financial plan. What may appear to be a clever solution online can ultimately cost tens or hundreds of thousands of dollars.
By contrast, experienced elder law attorneys do far more than recite rules. We analyze risks. We identify opportunities that generic resources often miss. We help families understand not only what can be done, but what should be done. We tailor strategies to real people with real concerns.
This is not to say that artificial intelligence has no value. It can be a useful starting point for gathering information, learning terminology, and understanding broad concepts. In many professions, AI is becoming a valuable tool that improves efficiency and access to information.
But a tool is not a professional advisor.
Just as no responsible person would rely solely on an online symptom checker to diagnose a serious medical condition, families should think twice before relying on AI to make decisions involving their life savings, long-term care needs, and eligibility for critical public benefits.
When the stakes involve the financial security of a spouse, the inheritance of children, or the ability to afford quality long-term care, there is simply no substitute for experienced legal counsel.
Fortunately, this family learned that lesson before it was too late. Had they followed the AI-generated recommendation without further review from our office, they could have exposed themselves to substantial financial risk and jeopardized their loved one’s eligibility for benefits. Instead, they obtained advice tailored to their unique circumstances and left with a plan that better achieved their goals.
Technology will continue to evolve, and our profession will continue to embrace tools that improve efficiency and service. But the practice of elder law remains fundamentally human. It depends on experience, judgment, creativity, and a deep understanding of how the law affects real families facing difficult decisions.
Artificial intelligence may be able to generate answers. An experienced elder law attorney provides something far more valuable: wisdom, strategy, and peace of mind.
Legal Notice: This content is for educational purposes and should not be construed as legal advice. Every case is unique; please consult with a qualified professional before taking any action based on the information contained in this post. Use of this content does not create a professional-client relationship.
