Elder Law: Planning for the Decisions That Come With Age
Legal guidance for aging, long-term care, Medicaid planning, and the difficult decisions families face when a health crisis changes everything.
What Is Elder Law - and When Does It Apply?
Elder law is a focused area of legal practice that addresses the financial, healthcare, and legal decisions that come with aging. It is not just for people already in a nursing home. Some of the most effective planning happens years before care is needed - when families still have real options.
Tom Wolff helps Kansas City families work through these issues clearly, whether they are planning ahead or already in the middle of a difficult situation. The goal is always the same: protect what you have built, and make sure the right people are in charge when it matters.
- How do we pay for nursing home care without losing everything?
- Can Medicaid take my parent’s home?
- What happens if my parent can no longer make decisions?
- Do we need to update powers of attorney?
- Is it too late to protect assets if care has already started?
- Should we create a trust - and what kind?
When Do Families Typically Reach Out?
Most families do not contact an elder law attorney until a health event forces the issue. But the families who plan ahead - even a few years before care is needed - have far more options available to them.
A parent has been diagnosed with dementia or Alzheimer’s
A diagnosis often triggers urgent questions about decision-making authority, asset protection, and long-term care costs.
A loved one may soon need assisted living or nursing home care
Families facing an imminent care transition often realize they have not planned for the financial side of it.
Adult children are helping aging parents get their affairs in order
A common and proactive reason to call - often prompted by a health scare, a hospitalization, or a parent’s request.
Existing legal documents are outdated or missing entirely
Powers of attorney, healthcare directives, and estate plans that are years old may no longer reflect the family’s situation or current Missouri law.
A family wants to protect a home or savings from nursing home spend-down
Missouri’s Medicaid rules require spending down to near zero before qualifying - but with the right planning, much of that can be avoided.
A surviving spouse needs to protect their own financial security
When one spouse enters a nursing home, the other’s financial stability is often at risk. Spousal protection rules exist - but they need to be used correctly.
How We Help
Most families don't come in knowing exactly what they need. They come in with a situation. We help you figure out what applies to your circumstances and what the right steps are - in plain language, without pressure.
Medicaid Asset Protection Trusts
Protect your home and savings from nursing home spend-down, with enough lead time to satisfy Missouri's five-year lookback rule.
Learn more →Crisis Medicaid Planning
Already facing nursing home costs? It may not be too late. Crisis planning strategies can still protect a meaningful portion of your assets even after a health event.
Learn more →Aid & Attendance Benefits
Veterans and surviving spouses may qualify for VA pension benefits that help cover in-home care, assisted living, or nursing home costs. Many eligible families don't know this benefit exists.
Learn more →Powers of Attorney & Advance Directives
Who makes decisions for you if you can't? A durable power of attorney and healthcare directive ensure the right people are in charge - not a court.
Learn more →Planning for Incapacity
A comprehensive incapacity plan covers financial powers of attorney, health care directives, and trust provisions that work together to protect you and your family if you become unable to make decisions.
Learn more →Special Needs Trust
Protect a disabled family member's eligibility for government benefits while still providing for their long-term care and quality of life through a properly structured trust.
Learn more →Protecting Your Assets from Long-Term Care Costs
Nursing home costs in Missouri now average over $8,500 per month. Without a plan, those costs can drain a lifetime of savings in a matter of years. With the right planning, there are real ways to protect assets while still qualifying for benefits - but timing and structure matter enormously.
Medicaid (called MO HealthNet in Missouri) pays for long-term nursing home care for people who qualify financially. Qualifying means spending down nearly all of your assets first - typically to less than $2,000 for an individual. With proper planning, much of that spend-down can be avoided.
Proactive Planning (5+ Years Out)
The most powerful option. Assets transferred into a Medicaid Asset Protection Trust at least five years before you apply are generally not subject to the lookback penalty. This approach maximizes what you protect and minimizes what you spend.
Pre-Crisis Planning (1–5 Years Out)
You have some lead time, but not enough to fully clear the lookback window. Partial protection is still possible through a combination of trust planning, strategic gifting, and spend-down on exempt assets. Every month of planning time matters.
Crisis Planning (Admission Imminent or Underway)
The options are more limited, but they are not zero. Spousal protection rules, annuity strategies, and exempt asset conversions can still preserve meaningful assets. The key is acting immediately - every day of delay can cost thousands of dollars.
The Difference Planning Makes
A 72-year-old Kansas City man is admitted to a memory care facility. His wife, 69, is healthy and living at home. Their assets include a paid-off house worth $320,000 and $280,000 in savings.
Without planning, Medicaid will require them to spend down to approximately $148,620 before he qualifies. With crisis planning, it may be possible to protect the house entirely and convert additional assets into exempt forms.
The difference can be hundreds of thousands of dollars - but only if they act quickly.
The best time to plan is before anything urgent happens. But if something already has, it is still worth calling - there are often more options available than families realize.
The consultation is free, there is no pressure, and the clarity you get is genuinely useful regardless of what you decide to do next.
Schedule a Free Consultation →What Working With Us Looks Like
You do not need to have everything figured out before you call. Most people come in with a situation, not a checklist.
A Focused Initial Conversation
We start with a free consultation to understand your family's situation, what assets are involved, and what concerns are most pressing. No paperwork required upfront.
A Clear Plan, Tailored to You
We walk you through what options are available, what the tradeoffs are, and what makes sense given your timeline and goals. No legal jargon. No unnecessary complexity.
We Put It All Together
We prepare the documents, structure the plan, and coordinate everything so it actually works - not just on paper, but in the real world when it matters.
You Leave With Clarity
We review everything together, answer your questions, and make sure you and your family understand what is in place and why. No pressure. No rushing.
Detailed Guides
Frequently Asked Questions
What is elder law and how is it different from estate planning?
Estate planning focuses on what happens to your assets after you pass away. Elder law addresses the legal and financial challenges that arise while you are still living - particularly as you age. This includes planning for long-term care costs, protecting assets from Medicaid spend-down, establishing powers of attorney and healthcare directives, and ensuring that the right people have the legal authority to act on your behalf if you become incapacitated.
When should I start thinking about elder law planning?
The best time to plan is before a crisis occurs. Medicaid has a five-year lookback period, which means that asset transfers made within five years of applying for benefits can be scrutinized and may affect eligibility. Planning well in advance gives you the most options. That said, even families already facing a nursing home admission or a recent diagnosis have planning options available - the sooner we talk, the more we can do.
How does Medicaid affect my parent's home and savings?
Medicaid has strict asset limits - generally $2,000 in countable assets for the applicant. However, certain assets, including a primary residence under specific conditions, may be exempt. Medicaid also has estate recovery rules that can allow the state to seek reimbursement from an estate after death. Proper planning can protect the home and other assets within the rules, but the strategies available depend heavily on timing and your specific situation.
What is a durable power of attorney and why does my aging parent need one?
A durable power of attorney designates a trusted person to manage financial and legal decisions if your parent becomes unable to do so. Without one, the family may need to go through a court-supervised conservatorship process - which is expensive, time-consuming, and public. A durable power of attorney avoids that process entirely and ensures that someone your parent trusts has the legal authority to act on their behalf.
What is a healthcare directive and why does it matter?
A healthcare directive (also called a healthcare power of attorney) designates someone to make medical decisions on your behalf if you are incapacitated. A living will documents your specific preferences regarding life-sustaining treatment and end-of-life care. Without these documents, medical providers may default to aggressive interventions regardless of your wishes, and your family may face difficult decisions without guidance.
What happens if my parent needs nursing home care but can't afford it?
Nursing home care in Missouri averages over $8,500 per month. Most families cannot sustain that cost for long. Medicaid can cover nursing home costs for those who qualify, but the application process is complex and the rules around asset eligibility are strict. We help families understand their options, navigate the Medicaid application process, and protect as many assets as possible within the rules.
Do you work with families who are already in a crisis situation?
Yes. While early planning provides the most options, we regularly work with families who are already dealing with a nursing home admission, a recent diagnosis, or a sudden incapacity. Even in crisis situations, there are often planning steps that can help. The first step is a conversation - we will assess your situation honestly and tell you what is and is not possible given the timing.