New Albany Elder Law Attorney for Estate Planning, Asset Protection, Medicaid Planning & Elder Abuse

At Mattox & Wilson, we understand that aging comes with unique legal challenges that impact seniors and their families. Our elder law attorneys are dedicated to helping individuals plan for the future, protect their assets, and navigate the complexities of long-term care, estate planning, and senior rights.

Whether you need guidance on Medicaid planning, guardianship, or preventing elder abuse, we are here to provide clear, effective legal solutions. Call us today at 812-944-8005 to schedule a consultation with an experienced elder law lawyer.

What is Elder Law?

Elder law focuses on the legal needs of older adults and their families. It encompasses a range of legal matters, including:

• Estate Planning – Wills, trusts, powers of attorney, and advance healthcare directives to ensure your wishes are followed.
• Medicaid & Long-Term Care Planning – Protecting assets while securing benefits for assisted living or nursing home care.
• Guardianship & Conservatorship – Assisting families when a loved one is no longer able to make sound decisions.
• Elder Abuse & Financial Exploitation Protection – Holding abusers accountable and recovering stolen assets.
• Nursing Home & Assisted Living Advocacy – Ensuring proper care and legal protection for seniors.
• Probate & Estate Administration – Handling legal matters after the passing of a loved one to ease the burden on their family.

If you or a loved one needs assistance with any of these issues, contact us today at 812-944-8005.

Estate Planning and Asset Protection

One of the most important aspects of elder law is ensuring that your assets and wishes are legally protected. Our New Albany elder law attorneys work closely with clients to develop estate plans that reflect their goals and prevent unnecessary legal disputes.

We help seniors create:

• Wills to ensure their property is distributed according to their wishes.
• Trusts to protect assets and avoid probate.
• Powers of Attorney to designate trusted individuals to handle financial and healthcare decisions.
• Advance Healthcare Directives to establish medical preferences before they are needed.

Estate planning gives families peace of mind, knowing that important decisions have been made in advance. Schedule a consultation with an experienced Elder law lawyer today at 812-944-8005 to learn how you can protect your assets and loved ones.

Medicaid Planning and Long-Term Care

Many families worry about how they will afford nursing home care. Medicaid can help cover these costs, but without proper planning, seniors risk losing their savings. Our attorneys help families:

• Create Medicaid Asset Protection Trusts to legally preserve wealth.
• Navigate Medicaid’s five-year lookback period to avoid penalties.
• Develop legal strategies to transfer assets without jeopardizing eligibility.
• Understand spousal protections to ensure that a healthy spouse remains financially secure.

Even if a loved one is already in a nursing home, there may still be planning options available. Call 812-944-8005 to explore your options.

Guardianship and Conservatorship

If an elderly family member can no longer make financial or healthcare decisions, the court may appoint a guardian or conservator. This process ensures that vulnerable seniors receive proper care and financial oversight.

We assist families with:

• Filing for guardianship or conservatorship.
• Representing individuals in competency hearings.
• Exploring less restrictive alternatives when possible.

If you need help protecting a loved one, call us at 812-944-8005 for guidance.

Protecting Seniors from Abuse and Financial Exploitation

Elder abuse—whether physical, emotional, or financial—is a growing concern. Too often, seniors fall victim to financial fraud, nursing home neglect, or undue influence.

If you suspect elder abuse, we can help:

• File protective orders against abusers.
• Recover stolen assets from financial exploitation schemes.
• Hold nursing homes accountable for neglect and mistreatment.
• Ensure proper legal protections are in place to prevent further harm.

Seniors deserve respect, dignity, and legal protection. Call us today at 812-944-8005 if you need assistance.

Frequently Asked Questions About Indiana Elder Law

What does an elder law attorney do?

Our elder law attorneys assist with estate planning, Medicaid eligibility, long-term care planning, guardianship, elder rights, and protecting seniors from abuse and financial fraud.

Why is Medicaid planning important for seniors?

Medicaid planning allows seniors to qualify for nursing home benefits while protecting assets for their spouse and family. Without proper planning, seniors may be required to spend down their savings before qualifying for assistance.

How do I protect my elderly parent from financial exploitation?

If you suspect a senior is being manipulated or taken advantage of financially, legal action may be necessary. We can help you file for guardianship, seek legal restitution, or pursue claims against financial predators.

What legal documents should every senior have?

Every senior should have:

• A Will to direct how their estate is distributed.
• A Power of Attorney to ensure a trusted individual can handle finances.
• A Living Will (Advance Directive) to outline healthcare wishes.
• A Trust (if needed) to manage assets and avoid probate.

How can I protect my assets from nursing home costs?

Nursing home care can be extremely expensive, and many seniors worry about how to pay for it without depleting their life savings. Fortunately, legal strategies are available to protect assets while still qualifying for Medicaid and long-term care assistance. Without proper planning, families may be forced to spend down their hard-earned assets to cover these costs.

At Mattox & Wilson, we help clients explore Medicaid planning and estate protection strategies that allow them to preserve their wealth for their spouse, children, or beneficiaries while ensuring they receive the care they need. Some of the most effective options include:

Medicaid Asset Protection Trusts (MAPTs)

A Medicaid Asset Protection Trust (MAPT) is one of the most effective tools for protecting assets from nursing home costs. By placing assets into a MAPT, they are no longer considered “countable” for Medicaid eligibility purposes, allowing individuals to qualify for benefits while safeguarding wealth for their heirs.

Assets in a MAPT are protected after the five-year Medicaid lookback period.

The trust allows seniors to retain income from the assets while ensuring the principal is preserved for beneficiaries.

MAPTs can hold real estate, investments, and financial assets, shielding them from Medicaid spend-down requirements.

However, timing is critical—this type of trust must be established at least five years before applying for Medicaid to be effective. If long-term care is imminent, other strategies may be needed.

Spousal Asset Transfers & Protections

If one spouse requires nursing home care, the other may be left in a difficult financial situation. Medicaid provides spousal protection rules that allow the healthy spouse (the “community spouse”) to keep a certain amount of assets and income.

• The Community Spouse Resource Allowance (CSRA) allows the non-applicant spouse to retain a portion of the couple’s assets without affecting Medicaid eligibility.
• Spousal asset transfers can legally shift resources to the healthy spouse to preserve wealth while still qualifying the applicant spouse for Medicaid benefits.
• Annuities and Promissory Notes can convert excess assets into an income stream for the community spouse, making them non-countable for Medicaid eligibility.

Each situation is different, so it’s crucial to structure asset transfers carefully to comply with Medicaid regulations.

Irrevocable Trusts for Medicaid Planning

An irrevocable trust is another method for shielding assets from nursing home costs.

Similar to a Medicaid Asset Protection Trust, an irrevocable trust:

• Removes assets from personal ownership, meaning they won’t be counted for Medicaid eligibility.
• Allows the trust to hold property, investments, or other assets while still permitting income to be used for living expenses.
• Must be created five years before applying for Medicaid to avoid penalties under the Medicaid lookback rule.

This strategy works well for long-term planning, ensuring that assets pass to family members without being spent on long-term care.

Life Estate Deeds

A life estate deed allows seniors to transfer ownership of real estate to their children or heirs while retaining the right to live in the home for life. This means:

• The home is not counted as an asset for Medicaid eligibility purposes after the lookback period.
• The individual can continue living in the property without risk of losing their residence.
• Upon death, ownership automatically transfers to the named beneficiaries, avoiding probate.

This strategy is particularly useful for families who want to pass down real estate while ensuring Medicaid eligibility.

Gifting Strategies & Spend-Down Planning

Medicaid rules allow individuals to gift assets as long as they comply with the five-year lookback period. However, improper gifting can trigger Medicaid penalties, delaying eligibility for benefits.

Some legal spend-down options include:

• Paying off debts or mortgages to reduce countable assets.
• Making home modifications for medical necessity, such as wheelchair ramps or safety features.
• Prepaying funeral and burial expenses through an irrevocable burial trust.
• Purchasing exempt assets, such as a new car or home improvements.

A well-planned spend-down strategy ensures that funds are used effectively while protecting Medicaid eligibility.

Long-Term Care Insurance

For those who plan ahead, long-term care insurance can be a valuable tool in covering nursing home expenses without relying on Medicaid. Policies vary, but benefits often include:

• Coverage for in-home care, assisted living, and skilled nursing facilities.
• Asset protection strategies that allow families to retain wealth while covering care costs.
• Partnership programs that extend Medicaid eligibility while preserving assets.

Since premiums increase with age, purchasing a policy earlier in life offers more affordable options.

Qualified Income Trusts (QITs) / Miller Trusts

In states with income limits for Medicaid eligibility, a Qualified Income Trust (QIT)—also known as a Miller Trust—can help applicants qualify while redirecting income:

• Any income over Medicaid’s limit is placed into the trust and used to pay for care costs.
• Allows Medicaid eligibility while preserving a portion of income for personal or spousal expenses.
• Can be used in conjunction with other asset protection strategies.

Choosing the Best Approach

The right asset protection strategy depends on individual circumstances, including:

• Whether long-term care is needed immediately or in the future.
• The value of assets and income sources.
• Whether there is a healthy spouse who requires financial security.
• The ability to plan ahead within Medicaid’s five-year lookback period.

At Mattox & Wilson, we work closely with families to create customized Medicaid and estate plans that maximize asset protection while ensuring eligibility for long-term care benefits. Call us today at 812-944-8005 to discuss your options and secure your future.

Call Our Elder Law Attorneys Today

At Mattox & Wilson, we are committed to helping seniors and their families navigate the legal complexities of aging. Whether you need help with estate planning, Medicaid eligibility, elder abuse protection, or guardianship, we are here to provide trusted legal guidance.

Call us today at 812-944-8005 to schedule a consultation with an experienced elder law attorney and protect your future.