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.
Lagerlof, LLP’s Elder Law team is dedicated to working with seniors and their family members in all stages of life.
Our attorneys assist families with estate planning and administration, incapacity planning and asset preservation planning. Each of these planning areas requires unique skills and a depth of knowledge of the law, as well as a commitment to understanding the circumstances of the senior. Our approach is sensitive and respectful to the special challenges seniors face, learning as much as we can about the unique situation of each client and then applying a creative problem-solving approach to explore the options.
Our team members also have expertise sorting out difficult financial issues within a trust and managing family disputes over senior care.
We have extensive experience in elder abuse litigation, special needs trusts, conservatorships, guardianships and trust and probate administration. We assist families in all aspects of planning including drafting of special needs and other trusts, home care and nursing problems, and assistance in selecting long-term care providers. With many years of experience in these fields, we are dedicated to helping our clients navigate through what can be difficult decisions.
Our areas of expertise include:
- Collaborative planning with families and seniors
- Planning with revocable living trusts
- Creating and advising on supplemental and special needs
- Elder abuse claims and litigation
- Asset preservation planning with irrevocable trusts and other techniques
- Trust and estate asset administration
- Establishing and administering conservatorships (probate conservatorships, limited conservatorships and LPS conservatorships)
- Guardianships
- Disputes and litigation of conservatorships, trusts and estates
- Professional fiduciary trust and estate administration
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:
- California DHCS: https://www.dhcs.ca.gov
- CANHR Medi-Cal Guide: https://canhr.org/
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.
Elder Law Highlights



