Elder Law

Elder law is where estate planning meets the realities of aging. Indiana Medicaid’s five-year look-back rule makes early planning essential — we help families protect life savings, secure benefits, and navigate guardianship when a loved one can no longer decide for themselves. Our elder law services work hand-in-hand with our estate planning practice to protect you at every stage of life.

Helping Families Care for the People Who Cared for Them

When a parent's health changes or a spouse needs more care than the family can provide alone, the legal questions arrive fast. Medicaid eligibility, asset protection, guardianship, long-term care — these aren't abstract planning exercises. They're decisions that affect real money and real people, often under real pressure.

Each of the services below addresses a specific piece of that picture. The right combination depends on your family's situation, your parent's assets, and how much time you have to plan. We'll walk you through it.

Elder law builds on the foundation of a solid estate plan. Many families come to us for estate planning first and discover they also need elder law guidance — or the other way around. Either way, we handle both under one roof.

Guardianship

When a loved one can no longer make safe decisions, we guide you through Indiana's guardianship process to secure legal authority and protect their wellbeing.

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Frequently Asked Questions

Common questions about elder law, Medicaid planning, and long-term care in Indiana.

Who qualifies for Indiana Medicaid long-term care coverage?

Indiana Medicaid covers nursing home and certain home- and community-based care for residents age 65 and older (or disabled adults) who meet both financial and medical criteria. As of 2025, a single applicant generally can’t have more than $2,000 in countable assets and must have monthly income below the state’s income cap. A community spouse keeps a portion of joint assets under federal spousal-protection rules. The rules are detailed, the exceptions matter, and getting the application wrong can mean months of denied coverage while nursing home bills pile up.

What is Indiana’s Medicaid look-back period, and how does it affect asset transfers?

Indiana applies a five-year (60-month) look-back period under IC § 12-15-3. When you apply for Medicaid long-term care benefits, the state reviews every asset transfer made during the preceding 60 months. Gifts, below-market sales, and certain trust transfers can trigger a penalty period — a stretch of time during which Medicaid won’t pay for care. The penalty length is calculated by dividing the transferred amount by the average monthly cost of nursing home care. Planning early — well before the five-year window — gives families the most options.

What is the difference between guardianship and power of attorney?

A power of attorney is a private document you sign while you’re competent, naming someone to manage your finances (durable POA under IC § 30-5) or make healthcare decisions (healthcare representative under IC § 16-36-1). Guardianship is a court proceeding filed after someone has already lost capacity. A judge appoints the guardian, supervises their actions, and requires annual reports. Guardianship is slower, more expensive, and public. A properly drafted power of attorney avoids it entirely — which is why we recommend every adult have one in place before it’s needed.

How do families pay for long-term care in Indiana?

Four main sources: private pay (personal savings and income), long-term care insurance, Medicaid (for those who qualify), and Veterans Aid & Attendance benefits (for qualifying veterans and surviving spouses). Most families use a combination. Indiana nursing home costs run roughly $8,000 to $12,000 per month depending on location and level of care. Assisted living is less, but still substantial. Planning determines which resources you preserve and which you spend down — and in what order.

What is a special needs trust, and when does an Indiana family need one?

A special needs trust (also called a supplemental needs trust) holds assets for a person with a disability without disqualifying them from means-tested benefits like SSI and Medicaid. Indiana recognizes both first-party trusts (funded with the beneficiary’s own money, such as an inheritance or lawsuit settlement) and third-party trusts (funded by parents or other family members). First-party trusts require a Medicaid payback provision at the beneficiary’s death under 42 U.S.C. § 1396p(d)(4)(A); third-party trusts do not. If your child or family member receives government benefits, any inheritance or gift to them should go through a properly drafted trust — not directly.

Can Veterans Aid & Attendance benefits help pay for a parent’s care?

Yes. The VA’s Aid & Attendance pension provides a monthly supplement to qualifying wartime veterans (and their surviving spouses) who need help with daily activities or are housebound. The benefit can help cover assisted living, in-home care, or nursing home costs. Eligibility depends on military service dates, disability or care needs, and financial limits. The VA also applies its own look-back rules to asset transfers. We coordinate VA benefit planning with Medicaid planning so one application doesn’t undermine the other.

What happens if a parent has no estate plan and becomes incapacitated?

Without a power of attorney or healthcare directive, the family’s only option is guardianship — a court proceeding under IC § 29-3. Someone petitions the court, a judge evaluates the evidence of incapacity (often requiring a physician’s report), and appoints a guardian to make personal or financial decisions. The process typically takes weeks, costs thousands in attorney fees and court costs, and becomes part of the public record. If family members disagree about who should serve, the process becomes longer and more expensive. A $500 power of attorney today prevents a $5,000 guardianship later.

When should families start planning for aging parents?

As early as possible — ideally while the parent is healthy and competent. Indiana’s five-year Medicaid look-back period means that asset-protection strategies need time to work. Powers of attorney must be signed while the person still has legal capacity. Long-term care insurance, if it’s an option, is most affordable in your 50s and early 60s. Families who start the conversation early have more options, lower costs, and far less crisis-driven decision-making. If your parent is over 65 and doesn’t have these documents in place, the best time to start is now.