Elder Law

Lagerlof, LLP’s Elder Law Team advises seniors and their families on estate planning and protective court proceedings and represents fiduciaries acting to protect seniors and the disabled

Published Cases & Representative Matters

Key Contacts:

  • Obtained comprehensive elder abuse restraining orders to protect senior clients from unwanted house guests, intrusive neighbors, and financially abusing children. 
  • Established conservatorships for individuals whose difficult situations and potentially dangerous medical conditions require court intervention and close supervision.
  • Supervised the transition of responsibilities from seniors to their children and other fiduciaries with updated trust and other estate planning documents.
  • Obtained Medi-Cal long term care program coverage for seniors with exempt assets.
  • Created irrevocable gift trusts for passing appreciating assets to the next generation.
  • Administered complex trusts and estates involving multiple generation  gifts, charitable bequests and estate and gift tax liabilities.
  • Successfully resolved family disputes over senior financial and health care issues with patient communication and creative problem-solving.
  • Purchased and administered real property in Mexico for clients under US conservatorship.

Jonathan Primuth

jprimuth@lagerlof.com

Elder Law Flyer:

FAQ

Most frequent questions and answers

Elder law focuses on the legal needs of older adults and their families. This includes estate planning (trusts and wills), incapacity planning, long-term care planning (including Medi-Cal), asset protection, probate, and protecting seniors from financial abuse. 

You don’t need to wait for a crisis. Common situations include: 

  • A parent or loved one is showing signs of memory loss or decline 
  • You need to update or create a trust, will, or powers of attorney 
  • You want to involve children or a trusted person in financial or medical decisions 
  • A family member may need assisted living or nursing home care 
  • You are concerned about paying for long-term care or qualifying for Medi-Cal 
  • There are family disagreements about care or finances 
  • Someone may be taking advantage of a senior 
  • You’ve been named as trustee or power of attorney and need guidance 
  • A crisis has already occurred and there is no plan in place 

 

Early planning provides the most options—but we also help families navigate urgent situations. 

In California, long-term care is often covered through Medi-Cal, which has specific financial eligibility rules. 

Planning strategies may include: 

  • Medi-Cal–compliant asset structuring 
  • Irrevocable trust planning 
  • Spousal protection strategies 
  • Limited, properly timed asset transfers 
  • Long-term care insurance (when appropriate) 

 

California rules are more flexible than many states, but timing and proper planning are critical. 
The earlier you plan, the more options you have. 

Medicare is federal health insurance for people 65+ or disabled. It covers medical care—but not long-term custodial care. 

Medi-Cal (California’s Medicaid program) helps eligible individuals with healthcare costs and can cover long-term care, including nursing home care and certain in-home services. 

Every adult should have a power of attorney while they are still mentally competent. 

It allows someone you trust to: 

  • Pay bills 
  • Manage finances 
  • Handle legal matters 

 

Without one, your family may need to go to court for a conservatorship if you become incapacitated. 

Families are often forced into a court-supervised conservatorship. 

This can mean: 

  • Delays in making urgent decisions 
  • Ongoing court involvement and costs 
  • Increased stress and potential family conflict 

 

Planning ahead allows your family to act quickly and avoid court whenever possible. 

Possibly—but it must be done carefully. 

Medi-Cal reviews certain transfers made before applying. Improper gifts can create penalties that delay eligibility for long-term care coverage. 

Before transferring assets, it’s important to understand the rules and your options. 

Helpful resources: 

Elder financial abuse involves taking or using a senior’s money or property improperly. 

Common examples include: 

  • Scams targeting seniors 
  • Caregivers or family members taking money or property 
  • Misuse of a power of attorney 
  • Pressure to change estate plans 
  • Isolation to gain financial control 

 

Warning signs often include unusual withdrawals, sudden changes in finances, or new individuals exerting control. 

A living trust allows your assets to be managed during life and transferred after death without probate. 

Key advantages: 

  • Avoids probate and maintains privacy 
  • Provides a successor trustee to step in if you become incapacitated 
  • Allows seamless management of assets without delays (unlike powers of attorney often requiring bank approval or doctor letters) 
  • Simplifies administration after death 

 

For many individuals and families, a trust is the foundation of a well-structured estate plan. 

Common strategies include: 

  • Living trusts 
  • Transfer-on-death (TOD) deeds 
  • Payable-on-death (POD) accounts 
  • Joint ownership 
  • Beneficiary designations (retirement accounts, life insurance) 
  • Small estate affidavits (when applicable) 

 

Each option has pros and cons and must be used carefully to avoid unintended consequences. 

A conservatorship may be required when a senior is at risk and no less-restrictive option is available. 

Examples include: 

  • A person with dementia creating safety risks (wandering, leaving appliances on) 
  • Someone unable to manage finances and at risk of losing assets or housing 
  • A senior being manipulated or scammed 
  • Refusal of necessary medical care despite serious health concerns 
  • Unsafe or neglectful living conditions 

 

In these cases, a court can appoint someone to protect the individual and make decisions on their behalf. 

 

Skip to content