While the name may sound age-specific, elder law is really about life planning. In reality, elder law is about preparing for life’s “what ifs” in the later stages of life, protecting assets, and honoring final wishes at the end of life. Elder law is proactive, not reactive — and that is what makes it so powerful.
Let's face it — 99% of Americans wait too long … The other 1%? They plan ahead, protect their assets, and give their families lasting peace of mind. By starting early, you or your parents can protect savings and property, choose who will make decisions when you cannot, and simplify asset transfers after death.
Elder Law Matters for Every Generation
- A 10-year-old child may be protected by her parents who decide to create a trust to ensure that, if something happens to them, she will continue to be raised by a guardian in the same lifestyle she is accustomed to, with financial support for daily needs and education.
- A 20-year-old woman with Down syndrome who is learning to live independently may benefit from a Supplemental Needs Trust that allows a parent to manage her finances while preserving her eligibility for government benefits.
- A 30-year-old man recovering from a serious car accident may wish to establish a trust to manage settlement funds so he can focus on physical therapy and his long-term recovery.
- A 40-year-old single man with a degenerative condition may want to preserve his assets while his family provides care for him at home, with a plan to gift the remaining balance to his surviving siblings.
- A 50-year-old couple might want to protect their home from future long-term care costs to ensure that the property they have worked so hard for, remains in their family for generations.
- A 60-year-old wife caring for a disabled husband may establish a Special Needs Trust to ensure his lifelong care –— both as a contingency plan if she predeceases him and as a safeguard as her own health declines with age.
- A 70-year-old widower who has fallen in love again may want to update his estate plan to ensure his new spouse is cared for while still preserving his children’s inheritance.
- An 80-year-old may wish to create a plan that balances protecting his savings with qualifying for long-term care, allowing him to maintain his independence without burdening his children.
- A 90-year-old woman may take time to simplify her estate by transferring treasured tangible assets to her loved ones now and review her powers of attorney and health care directives to ensure they still reflect her wishes in light of current advancements in medical treatment.
- 100-year-old veteran may choose a dedicate portion of his estate to a charitable organization that supports his fellow veterans, ensuring that his legacy continues to make a difference long after his lifetime.
Elder law goes beyond planning for old age – it is about staying in control of your future and making sure your wishes are honored though every stage of life.
“I don’t know what the big deal is about old age. Old people who shine from the inside look 10 to 20 years younger.”
~attributed to Dolly Parton
The goal of our elder law practice is to empower and encourage decision-making — not to assume incapacity based on age or a perceived disability. Even if someone moves more slowly or has minor memory issues, that does not mean they lack capacity. We counsel families on their options based upon family dynamics and facilitate conversations about what truly matters: preserving assets and independence.
Core Areas of Elder Law
Estate Planning
At its heart, elder law builds on solid estate planning such as:
- Trusts to avoid probate and protect beneficiaries
- Traditional Wills to direct how assets are distributed
- Financial and Medical Powers of Attorney to designate trusted decision-makers
- Living Wills or Advance Directives to communicate healthcare wishes
Long-Term Care Planning
As healthcare and assisted living costs keep rising, planning for long-term care has become one of the biggest financial challenges. The good news? You have options. With the right plan, you can preserve your savings, stay in control of your choices, and ensure you or your loved ones receive the quality care they deserve — at home or wherever feels most comfortable.
Incapacity, Guardianship, Conservatorship
We can guide families through this process—or, better yet, avoid it altogether through proactive estate planning. If a person becomes unable to manage their affairs and does not have a power of attorney in place, the court may appoint a guardian or conservator. Understanding capacity—a person’s ability to make and understand decisions—is crucial. Our team takes the time to communicate clearly with compassion.
Medicaid and Public Benefits
Understanding and qualifying for government benefits can be complicated. We assist clients in protecting assets, which often includes setting up trusts such as Medicaid Asset Protection Trusts (MAPTs) to balance eligibility with financial security. A MAPT helps protect a person’s savings, their home, and/or other assets. It is an irrevocable trust, meaning the assets you place in it no longer count as yours for Medicaid purposes after a set “look-back” period. We can customize a MAPT to allow family, friends, or even your trusted advisor manage assets, provide income, and preserve tax benefits.
Another option is the Medicaid Family Protection Trust (MFPT) which is a specialized type of the MAPT. The MFPT is often used by people who are financially stable and would rather preserve assets for their loved ones than spend them on their own long-term care costs. For example, a parent may want to ensure that their family home or investments stay in the family, benefiting grandchildren or great-grandchildren instead of being used for nursing home expenses. Unlike the MAPT, income from a MFPT cannot be paid directly to the grantor; instead, an independent distribution trustee makes discretionary distributions to the grantor’s children or other beneficiaries. This structure safeguards an inheritance, maintains privacy and allows the assets to benefit future generations.
When to Start Elder Law Planning
By working with us, you gain a team who can help navigate both expected transitions and sudden crises. Together, we can build a plan that adapts as life changes. Planning early ensures flexibility, control, and dignity at every stage of life.
If you are in need of assistance, the attorneys at Collins Family & Elder Law Group can help.
