Schedule a consultation with an experienced New Orleans elder law lawyer today.
Theus Law Offices has been working with Louisiana families on elder law these issues for 29 years. Our New Orleans, LA elder law lawyer helps families navigate Medicaid planning, nursing home asset protection, powers of attorney, healthcare directives, veterans benefits, and related matters that affect aging adults. 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 Lawyer New Orleans, LA
An elder law attorney focuses on the legal issues that arise as people age. That includes qualifying for Medicaid, protecting assets from the cost of long-term care, setting up powers of attorney and advance directives, pursuing veterans benefits, handling guardianship and interdiction, and making sure estate plans reflect the realities of aging.
Louisiana adds layers of complexity. The state classifies property as community or separate, and those classifications directly affect Medicaid eligibility for married couples. Forced heirship rules restrict how parents can distribute their assets. The succession process that follows a death operates under a civil law system unlike anything else in the country. An elder law lawyer in New Orleans who understands how these rules interact can help families avoid errors that would otherwise cost them dearly.
Types of Elder Law Cases We Handle in New Orleans
Most elder law matters are interconnected. A family dealing with a Medicaid application often needs updated estate documents. Someone worried about long-term care costs may also qualify for veterans’ benefits they’ve never applied for. Here are the primary elder law services we provide to families in the New Orleans area.
- Medicaid. Louisiana Medicaid enforces strict income and asset thresholds for nursing home coverage. We work with families to restructure finances and meet those requirements while keeping as much of the estate intact as the law allows. The state’s 60-month look-back period makes early planning critical.
- Nursing home asset protection. A nursing home stay in Louisiana runs roughly $5,700 to $6,000 per month. Without a plan, those costs can consume a lifetime of savings in under two years. We develop strategies to protect the family home and other property from nursing home spend-down.
- Crisis Medicaid planning. When a family member is already in a facility and there has been no advance planning, the options are narrower. But they exist. We handle crisis Medicaid cases in the New Orleans area and across Louisiana under compressed timelines.
- Powers of attorney. A financial power of attorney gives someone you trust the authority to handle banking, property, and financial decisions if you can’t. Without one, your family may have to petition the court for interdiction, which takes time and money.
- Advance directives and living wills. A living will records your preferences for end-of-life medical treatment. A healthcare directive names a person to make medical decisions on your behalf. Both need to be executed while the individual still has capacity.
- Guardianship and interdiction. If a parent has lost the ability to make decisions and no power of attorney is in place, a court proceeding called interdiction may be necessary. We handle these cases in Orleans Parish and throughout Louisiana.
- Trusts. Irrevocable trusts can remove assets from a person’s countable estate for Medicaid purposes. The trust must be structured correctly and funded well outside the look-back window to be effective.
- Veterans benefits planning. Veterans and surviving spouses may qualify for VA Aid and Attendance benefits to help cover in-home care, assisted living, or nursing home costs. Our founder is accredited by the Department of Veterans Affairs, and we assist eligible clients across the state.
- Estate planning for aging adults. As health changes, estate plans need to keep pace. Updating wills, revising trust provisions, and confirming that beneficiary designations are current all become more pressing as a person ages.
Why Choose Theus Law Offices as My Elder Law Lawyer in New Orleans, LA?
29 Years of Elder Law Experience in Louisiana
Founder J. Graves Theus, Jr. has been practicing law since 1997. He is Board Certified in Estate Planning & Administration and Tax Law by the Louisiana Board of Specialization, and he is accredited by the Veterans Affairs department to assist veterans and their spouses with long-term care benefit claims.
Mr. Theus earned a B.A. in Economics from Tulane University, a J.D., cum laude, from Gonzaga University School of Law, and an LL.M. in Tax from Boston University School of Law. He has been a member of the Louisiana State Bar Association since 1999, served on the Estate Planning & Administration Advisory Commission, and held the position of President on the Tax Specialization Advisory Commission.
Elder law requires cross-disciplinary knowledge. Mr. Theus’s dual board certifications reflect the kind of background these cases demand. If you are also looking for an estate planning attorney in New Orleans, LA to address broader planning needs, our firm handles both areas.
Flat-Fee Services Across Louisiana
We provide elder law services on a flat-fee basis, which means you know the full cost before we start. That structure removes uncertainty. We serve New Orleans, LA clients from our Louisiana offices and handle elder law matters across the state.
What Is Important To Understand About Elder Law Cases?
Long-Term Care Costs, Medicaid Eligibility, and Asset Protection
Elder law planning centers on a single question: how does a family pay for long-term care without losing everything? Several legal concepts shape the answer.
- Medicaid eligibility in Louisiana depends on income and asset limits set at the state and federal level. Knowing which assets are exempt and which are countable is often the difference between qualifying for coverage and being denied.
- The look-back period is a 60-month window the state examines before approving a Medicaid application. Transfers of assets for less than fair market value during this period can trigger penalties that delay coverage. Families who start planning five years ahead have the widest range of strategies available.
- Exempt vs. countable assets. The primary residence, one vehicle, personal property, and certain other items are generally exempt. Savings accounts, investments, and most liquid assets count.
- Spousal protections under federal law keep the healthy spouse from being left with nothing. The community spouse may retain a share of the couple’s combined assets and receive a monthly income allowance. Families who don’t understand these protections sometimes give away assets they didn’t need to.
- Irrevocable trusts can move property out of a person’s countable estate for Medicaid purposes, but the trust must be properly structured 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 eligibility criteria.
What Are Important Aspects of an Elder Law Case?
The most important variable is timing. Families who begin planning years before a nursing home admission have far more flexibility. But even families who come to us in a crisis still have options available.
Beyond timing, these factors shape each case:
- The client’s current health and the type of care they need or expect to need
- Whether incapacity documents like a power of attorney and advance directive are already executed
- The value and types of assets the client owns
- Whether the client or the client’s deceased spouse served in the military
- Who in the family is available and willing to serve as agent, trustee, or caregiver
- Whether the client has already been admitted to a long-term care facility
What Is the Elder Law Case Timeline?
Timelines depend on whether we’re planning ahead or responding to a crisis.
- Initial consultation and review: 1 to 2 weeks. We evaluate the client’s estate plan, financial situation, and care trajectory.
- Strategy development: 2 to 4 weeks. We determine the right combination of tools, whether that’s Medicaid planning, trust creation, asset restructuring, or all three.
- Document drafting and execution: 2 to 6 weeks. Powers of attorney, trusts, wills, and directives are prepared and signed.
- Medicaid application (if needed): 45 to 90 days for the Louisiana Department of Health to process. Complex applications sometimes take longer.
- Ongoing administration: Some strategies, particularly irrevocable trusts, require monitoring after execution.
Proactive planning usually takes two to four months. Crisis cases compress that timeline significantly.
What Should You Bring to Your Elder Law Consultation?
Showing up with documents in hand makes the first meeting far more productive.
- A summary of assets: bank accounts, investment accounts, retirement plans, real estate, life insurance, and vehicles
- Existing estate planning documents, including any prior will, trust, or power of attorney
- Medical records or a summary of the client’s current health and care needs
- Military service documentation (DD-214), if applicable
- Recent tax returns and income information for both spouses, if married
Theus Law Offices offers consultations after attending one of our educational workshops, which provide useful context before the individual meeting.
What Are Important Louisiana Legal Resources for Elder Law Cases?
Louisiana’s elder law framework involves state statutes and federal regulations working together. These resources are helpful starting points for New Orleans families looking for general information.
- 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, elderly protective services, and the Louisiana Ombudsman Program.
- The National Institute on Aging provides research-based information on aging, caregiving, and long-term care planning.
- CMS provides federal guidance on Medicare and Medicaid coordination for dual-eligible individuals.
- The Administration for Community Living publishes federal resources for older adults, caregivers, and people with disabilities.
- The Social Security Administration provides information on retirement benefits, disability benefits, and Medicare enrollment.
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 New Orleans, we are here to help. Theus Law Offices provides elder law services on a flat-fee basis. Consultations are available after attending one of our workshops. Contact us to take the first step.
