Elder Law and Estate Planning for Seniors

Protect your health, finances, and wishes with a clear plan that’s easy to put in place. An experienced elder law and estate planning attorney can help you stay in control, prevent family conflict, and safeguard your savings and benefits.

Why Planning Matters

  • Protect your assets and reduce out-of-pocket long-term care costs
  • Make your health care preferences clear and legally enforceable
  • Choose who can help you with money and medical decisions if needed
  • Prevent elder abuse and financial exploitation
  • Minimize taxes and avoid unnecessary delays in probate
  • Reduce stress and uncertainty for your loved ones
Elder law attorney advising senior clients on Medicaid, asset protection, and long-term care planning.

How an Elder Law Attorney Helps

Guidance focused on aging and long-term care needs:
  • Medicaid planning and applications, including spend-down strategies and appeals
  • Medicare and Social Security disability claims and appeals
  • Asset protection and strategies to prevent spousal impoverishment if one spouse enters a nursing home
  • Durable powers of attorney, health care proxies/medical powers of attorney, and HIPAA releases
  • Long-term care planning and support for nursing home or assisted living placements
  • Nursing home residents’ rights, billing disputes, and quality-of-care issues
  • Elder abuse and financial exploitation investigations and recovery actions
  • Guardianship or conservatorship when a person cannot manage their affairs
  • Probate, trust administration, and estate settlement
  • Special needs planning and trusts for loved ones with disabilities

How an Estate Planning Attorney Helps

Make sure your property transfers efficiently and according to your wishes:
  • Wills and revocable living trusts to avoid or simplify probate
  • Beneficiary designations for retirement accounts and life insurance
  • Tax planning to reduce or avoid estate, inheritance, and capital gains taxes
  • Powers of attorney, living wills, and advance directives
  • Charitable giving plans and gifts to family
  • Business succession planning and strategies to provide liquidity for estate taxes
Estate planning attorney helping a senior organize wills, trusts, and beneficiary designations for future security.

Key Documents in Plain English

  • Durable Power of Attorney (Financial): Lets a trusted person handle financial tasks for you. Unlike a general power of attorney, a durable power of attorney remains valid if you become incapacitated. You can limit or expand the authority and name alternates.
  • Springing Power of Attorney: Becomes effective only if you become incapacitated (rules vary by state). This offers more control but may require medical certifications to “spring” into effect.
  • Health Care Proxy/Medical Power of Attorney and HIPAA Release: Names someone to make health care decisions and access medical information if you cannot.
  • Living Will and Advance Directives: States your wishes about life-sustaining treatment (for example, CPR, ventilators, feeding tubes). Share copies with your agent, family, and doctors.
  • Last Will and Testament: Directs who receives your assets and can name guardians for dependents. It is administered through probate.
  • Revocable Living Trust: Helps your estate avoid probate, keeps matters private, and can streamline asset management if you become incapacitated.
  • Beneficiary Designations: Ensure accounts (IRAs, 401(k)s, life insurance) name the right beneficiaries and align with your will or trust.

Frequently Asked Questions

What is the difference between Medicare and Medicaid for long-term care?
Medicare may cover short-term skilled care after a hospital stay. Medicaid can help pay for long-term care in a nursing home and, in some states, in-home or assisted living services—if you meet financial and medical eligibility rules.
When should I start elder law and estate planning?
It’s best to plan before a crisis. Start or update your plan when you retire, after major life events, or if health needs change.
Can my spouse keep assets if I need nursing home care?
Yes, Medicaid rules include protections to help prevent spousal impoverishment. An elder law attorney can design a plan that follows your state’s rules.
Do I lose control if I set up a living trust?
No. With a revocable living trust, you typically remain the trustee while you are able. You can change or cancel it at any time.
Do I need both a living will and a health care proxy?
Yes, they serve different purposes. A health care proxy names a decision-maker. A living will states your treatment preferences so your proxy and medical team can honor your wishes.
Is my medical information private?
Yes. We use secure systems and share information only with your permission or as required for emergency response.

Next Steps

  • Speak with an Elder Law and Estate Planning Attorney
    Call .
  • Prepare for Your Meeting
    Bring a list of assets and accounts, any existing legal documents, and your questions. If helpful, bring a trusted family member or friend.
  • Prefer a phone-first approach?
    We can explain options in plain English and outline a simple plan to get you protected.