Elder law planning is the process of getting legal and financial plans in place as you get older. It helps you make choices about your healthcare, protect your savings, and take care of your loved ones.
This planning also covers what happens if you become sick or disabled and can’t make decisions on your own. It can even help your family avoid stress and costly court battles in the future.
Our Texas elder law lawyer will guide you through each step so your plan works the way you want it to. You can learn more during a consultation.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
Why Elder Law Planning Is Important
Many people think they do not need an elder law plan until something unexpected happens. However, waiting too long can make it harder to protect your money and your choices.
Planning ahead allows you to:
- Get help paying for long term care, such as at a nursing home
- Keep more of your savings for your family
- Put someone you trust in charge of your medical and money decisions if you can’t decide for yourself
- Give your family clear instructions so they know what to do
- Set up a plan for loved ones who have special needs
Without a plan, your family could end up fighting in court, spending more money, or feeling unsure about what you would have wanted.
For a free legal consultation, call (800) 562-9830
What Is Included in Elder Law Planning?
A good elder law plan can include many things. Here are some of the most common parts:
Planning for Long Term Care
Many older adults need help with daily living at some point. Nursing homes and home care can be very expensive. We will help you figure out how to pay for this care without losing all of your savings.
Medicaid Planning
Medicaid helps pay for long term care if you meet certain rules. Our team will help you set up your money and property so you can qualify for the program without spending everything first.
Creating a Will or Trust
A will or trust lets you decide what happens to your money and property after you die. An experienced attorney can help you write these documents the right way so your wishes are clear and legally valid.
Naming Someone to Make Decisions for You
You can choose trusted people to handle your healthcare and finances if you become too sick to do it yourself. These tools are called powers of attorney and healthcare directives. A lawyer will help you prepare them.
Guardianship
Sometimes, the court needs to name someone to take care of an older adult who can no longer manage life on their own. Legal professionals help families understand this process and protect the older adult’s rights.
Planning for a Family Member With a Disability
If you or a loved one has a disability, we can set up a plan to protect their government benefits and provide extra support through a special needs trust.
What Is Elder Law Planning for Disability Benefits?
Elder law planning for disability benefits is a way to help you or a loved one get financial help if a disability makes working or living independently hard. It is also about protecting your savings while receiving these benefits.
You can get help from our legal team to:
- Find out what disability benefits are available
- Apply for Veterans Disability, Social Security Disability, or Long Term Disability benefits
- Handle appeals if your claim is denied
- Protect your money so you do not lose benefits
- Coordinate benefits with your full elder law plan
We know how to help clients include disability planning in their larger elder law plan.
When Should You Start Planning for Your Future Needs?
It is best to start elder law planning before a health problem begins. This gives you more choices and helps your family know what to expect. However, even if something unexpected happens, it is never too late to create a plan.
A lawyer can still help you protect what matters and guide your family.
Who Benefits From Elder Law Planning?
Elder law planning is not just for seniors with large estates. It offers valuable protection for many people and families, including:
- Older adults preparing for the future: If you want to protect your savings and have a say in your care, elder law planning helps.
- People living with a disability: If you or a loved one receives disability benefits or needs long term care, a plan can protect those supports and manage your finances.
- Veterans and their families: Veterans’ benefits can be part of a larger elder law plan that also protects Medicaid eligibility.
- Families with special needs dependents: A special needs trust can provide for a child or adult with disabilities while keeping their benefits safe.
- Anyone who wants to ease stress for loved ones: Elder law planning gives your family clear guidance so they know your wishes and avoid court battles.
No matter your age or situation, it is never too early—or too late—to start planning.
How Our Elder Law Attorney Will Help You Plan for Your Future
We will build your plan to meet your needs and follow the law. When you come to us, we will:
- Learn about your situation and explain your options
- Write legal documents like wills, trusts, and powers of attorney
- Help you protect savings while getting government benefits
- Work with your financial planner if needed
- Help you apply for or appeal disability benefits
- Keep your plan updated if your life or family changes
Every family is different. With that in mind, we will create a plan that works for you.
Common Elder Law Planning Mistakes to Avoid
Without the right advice, it is easy to make mistakes when setting up an elder law plan. These errors can cost you money or limit your choices later.
Here are some common mistakes to watch out for:
- Waiting too long to plan: The sooner you start, the more options you will have to protect your savings and choices.
- Giving away assets too soon: Transferring money or property without legal guidance can hurt your ability to receive Medicaid.
- Relying only on a will: A will does not protect you if you become sick or need long term care. You also need powers of attorney, healthcare documents, and a plan for care.
- Failing to update documents: Life changes, such as marriage, divorce, illness, or a family death, should trigger a review of your plan.
- Trying to do it all yourself: Elder law is complex. Working with an experienced lawyer helps you avoid costly errors and protects what matters most.
You can get legal help to guide you in building a strong plan and keep it up to date.
Our Texas Elder Law Attorneys Are Ready to Help You
At Marc Whitehead & Associates, we know how important it is to plan for your future, especially if you or a loved one is facing a disability or may need long term care. Our firm has been helping clients for over 30 years.
We handle disability claims, including those for Veterans Disability, Social Security Disability, and Long Term Disability. We also assist clients with elder law planning.
If you want to protect your health, your money, and your family’s future, we are here to help. Call us today for a consultation to start with your planning.