The new Mediscare law gave estate planners throughout the nation a major case of the heebie-jeebies. Grandmas now can legally give their houses to their children. If lawyers don't tell clients about this, they risk a malpractice lawsuit, and lawyers hate malpractice lawsuits. At the same time, if attorneys do their duty and advise clients about all this, they risk criminal charges and jail time. Lawyers hate criminal charges and jails even worse than malpractice.
Estate planners are between a rock and a hard place.
Still, lawyers being what they are, they can't agree on what to do about it. There are two schools of thought. These attorneys prefer malpractice to the slammer. The other group believes the new law is almost as dumb as the Kennedy-Kassebaum provisions that started all this. Perhaps they'll be safe if they merely explain, without making recommendations.