Trusted elder law attorneys serving clients across Louisiana for over 29 years.
Theus Law Offices has been helping Louisiana families with elder law cases for over 29 years. Our Louisiana elder law attorney helps with Medicaid planning, nursing home asset protection, powers of attorney, advance directives, veterans benefits, and related matters affecting aging adults and the people who care for them. We provide flat-fee elder law services and offer consultations after attending one of our educational workshops. Call our office to schedule a meeting.
Elder Law Attorney Louisiana
An elder law attorney handles the legal matters that become relevant as individuals age. That includes Medicaid eligibility, asset protection from nursing home costs, incapacity planning through powers of attorney and advance directives, guardianship and interdiction, veterans benefits, and coordination with existing estate plans.
Louisiana adds complexity to all of this. The state’s civil law tradition means property is classified differently than in common-law states. Community property rules affect Medicaid eligibility for married couples. Forced heirship can limit what a parent does with their own assets. And the succession process that follows a death operates under rules most out-of-state attorneys have never encountered. An elder law attorney in Louisiana who practices within this system recognizes how these rules interact, and that awareness shapes the planning.
Types of Elder Law Cases We Handle in Louisiana
Elder law matters tend to overlap with each other. A family that needs Medicaid planning often needs updated estate documents too. A client concerned about long-term care costs may also qualify for veterans’ benefits. Below are the primary elder law services we provide across the state.
- Medicaid planning. Louisiana Medicaid imposes income and asset thresholds for nursing home coverage. We work with families to restructure finances and meet those requirements while preserving as much of the estate as the law permits. The state applies a 60-month look-back period to asset transfers, which makes the timing of any planning critical.
- Nursing home asset protection. A nursing home stay in Louisiana costs roughly $5,700 to $6,000 per month depending on the facility and room type. We develop strategies to protect the family home, retirement accounts, and other assets from being consumed by those costs.
- Crisis Medicaid planning. When a loved one is already in a facility and there’s been no advance planning, options narrow. But they don’t vanish. We handle crisis Medicaid cases throughout Louisiana and pursue every available strategy under compressed timelines.
- Powers of attorney. A financial power of attorney authorizes a trusted person to manage bank accounts, real estate, and other financial matters if the principal becomes incapacitated. Without one, families face a court-supervised interdiction.
- Advance directives and living wills. A living will documents preferences for end-of-life medical treatment. A healthcare directive names someone to make medical decisions on your behalf. Both need to be executed while the individual still has capacity.
- Guardianship and interdiction. When an elderly person can no longer make decisions and no power of attorney exists, a court proceeding called interdiction may be necessary. We guide families through this process in parishes across Louisiana.
- Trusts. Irrevocable trusts can remove assets from a person’s countable estate for Medicaid purposes, but only if funded properly and well outside the look-back window. We evaluate whether a trust makes sense given each client’s financial picture and timeline.
- Veterans benefits planning. Veterans and surviving spouses may qualify for VA Aid and Attendance benefits to offset the cost of in-home care, assisted living, or nursing home services. Our founder is accredited by the Department of Veterans Affairs, and we help eligible clients across the state pursue these benefits.
- Estate planning for aging adults. As health changes, so should an estate plan. Updating wills, modifying trust provisions, and making sure beneficiary designations are current become more urgent as a person ages. We help seniors build or revise estate plans that reflect their current needs.
Why Choose Theus Law Offices as My Elder Law Attorney in Louisiana?
VA Accredited and Board Certified in Estate Planning and Tax Law
J. Graves Theus, Jr., founder of Theus Law Offices, is accredited by the Veterans Affairs department to assist veterans and their spouses with benefit claims related to long-term care. He is also Board Certified in both Estate Planning & Administration and Tax Law by the Louisiana Board of Specialization, one of a limited number of Louisiana attorneys to hold both certifications.
Mr. Theus earned his LL.M. in Tax from Boston University School of Law, his J.D., cum laude, from Gonzaga University School of Law, and his B.A. in Economics from Tulane University. He has been a member of the Louisiana State Bar Association since 1999.
Those credentials matter in elder law because the practice sits at the intersection of estate planning, tax, and government benefits. If you are looking for an estate planning attorney in Louisiana with a concentration on the concerns of aging adults, our firm provides flat-fee services and a direct approach.
Serving Families Across All of Louisiana
We’ve been guiding Louisiana families through Medicaid applications, asset protection strategies, trust creation, and incapacity planning for 29 years. Our firm serves clients statewide, with offices across Louisiana handling elder law matters in every parish.
What Is Important To Understand About Elder Law Cases?
Long-Term Care Costs, Medicaid Eligibility, and Asset Protection
Elder law planning comes back to one question: how do you pay for long-term care without losing everything your family has built? The answer depends on several interconnected concepts.
- Medicaid eligibility in Louisiana is governed by income and asset limits set at both the state and federal level. The 2026 income limit for nursing home Medicaid is $2,982 per month. The individual asset limit is $2,000, though several types of assets don’t count.
- The look-back period covers the 60 months before a Medicaid application. The state reviews all financial transactions during that window. Transfers made for less than fair market value can trigger a penalty period that delays coverage.
- Exempt vs. countable assets determine eligibility. The primary residence (when a spouse still lives there or the applicant intends to return), one vehicle, personal property, and certain other items are generally exempt. Bank accounts, investments, and most liquid assets count.
- Spousal protections under federal law prevent the healthy spouse from being financially devastated. In 2026, the community spouse may keep up to $162,660 in assets. A spousal income allowance also exists to make sure the at-home spouse has adequate monthly income.
- Irrevocable trusts can move assets out of the countable estate, but the trust must be structured correctly and funded outside the look-back window.
- VA Aid and Attendance provides a monthly benefit for veterans or surviving spouses who need help with daily activities and meet service and financial criteria.
What Are Important Aspects of an Elder Law Case?
Timing drives nearly everything. Families that begin planning three to five years before a nursing home admission have the widest range of options. Families that come to us after a parent has already been admitted face a narrower path, but options still exist.
Beyond timing, these factors shape the direction of a case:
- The client’s current health status and care trajectory
- Whether incapacity documents are already in place
- The value, type, and ownership structure of the client’s assets
- Whether the client served in the military
- Family dynamics, including who is available and willing to serve as agent or trustee
- Whether the client has already entered a long-term care facility
What Is the Elder Law Case Timeline?
The timeline varies depending on whether the work is proactive or reactive.
- Initial consultation and review: 1 to 2 weeks. We assess the client’s estate plan, financial situation, and care needs.
- Strategy development: 2 to 4 weeks. We identify which tools are appropriate, whether that’s Medicaid planning, trust creation, asset restructuring, or a combination.
- Document drafting and execution: 2 to 6 weeks. Powers of attorney, trusts, wills, and directives are prepared and signed.
- Medicaid application: 45 to 90 days for the Louisiana Department of Health to process, though complex applications can run longer.
- Ongoing administration: Strategies like irrevocable trusts require monitoring after they are in place.
Proactive planning typically spans two to four months. Crisis cases are faster but more limited in what they can accomplish.
What Should You Bring to Your Elder Law Consultation?
Arriving with the right documents allows us to provide a more specific assessment during the initial meeting.
- A summary of assets, including bank accounts, investment accounts, retirement plans, real estate, and life insurance
- Existing estate planning documents such as a will, trust, or power of attorney
- Medical records or a summary of the client’s current health and care needs
- Military service documentation, if applicable, for veterans benefits evaluation
- Recent tax returns and income information for both spouses
We review your situation, discuss your objectives, and outline available strategies. Theus Law Offices offers consultations after attending one of our educational workshops, which provide helpful context before the individual meeting.
What Are Important Louisiana Legal Resources for Elder Law Cases?
Louisiana’s elder law framework involves both state statutes and federal regulations. These resources are useful starting points for families looking for general information.
- The Louisiana Civil Code governs successions, wills, trusts, and property classifications that affect elder law planning.
- The Louisiana Medicaid program is administered by the Department of Health, which publishes eligibility rules and application procedures.
- The GOEA (Governor’s Office of Elderly Affairs) coordinates statewide aging services, including home-based care programs and elderly protective services.
- The Administration for Community Living is the federal agency funding aging services and publishing resources for older adults and caregivers.
- The National Institute on Aging provides research-based information on long-term care, caregiving, and healthy aging.
- CMS provides federal guidance on Medicare and Medicaid coordination for dual-eligible individuals.
Reach Out to Theus Law Offices to Schedule a Consultation
If you have questions about Medicaid eligibility, protecting assets from nursing home costs, or putting legal protections in place for an aging family member in Louisiana, we are here to help. Theus Law Offices provides elder law services on a flat-fee basis so you know the cost upfront. Consultations are available after attending one of our workshops or webinars. Contact us to take the first step.
